An Act to amend the Heavy Vehicle National Law Act 2012 for particular purposesThe Parliament of Queensland enacts—Part 1Preliminary1Short titleThis Act may be cited as the Heavy Vehicle National Law Amendment Act 2025.2CommencementThis Act commences on a day to be fixed by proclamation.Part 2Amendment of Heavy Vehicle National Law Act 20123Act amendedThis part amends the Heavy Vehicle National Law Act 2012.4Amendment of s 21 (Other consents under s 124 of the Law)(1)Section 21, heading, ‘s 124’—omit, insert—s 122(2)Section 21(1), ‘section 124(1)(c)’—omit, insert—section 122(2)(c)5Amendment of s 24 (Information notice for decision to refuse application because commissioner did not give consent)Section 24(2), from ‘The’ to ‘section 128 of’—omit, insert—An information notice for the decision to refuse the application required to be given to the applicant under 6Amendment of s 25 (Information notice for imposition of condition requested by commissioner)(1)Section 25(2), ‘section 127(1)(b) of’—omit.(2)Section 25(3), ‘section 127(1)(b)’—omit, insert—the Law7Omission of s 39 (Power to require production of driver licence)Section 39—omit.8Amendment of s 42E (Amendment of s 707A (Proceeding for other offences))(1)Section 42E, inserted section 707A(6), definition fatigue management offence, paragraphs (d) and (e)—omit.(2)Section 42E, inserted section 707A(6), definition fatigue management offence, paragraph (f)—renumber as paragraph (d).Part 3Amendment of Heavy Vehicle National Law9Law amendedThis part amends the Heavy Vehicle National Law as set out in the Schedule to the Heavy Vehicle National Law Act 2012.10Amendment of s 4 (Regulatory framework to achieve object)Section 4(c)(v), after ‘fatigued’—insert—or unfit to drive11Amendment of s 5 (Definitions)(1)Section 5, definitions AFM accreditation, AFM fatigue management system, AFM hours, AFM standards and business rules, approved, approved auditor, approved electronic recording system, BFM accreditation, BFM fatigue management system, BFM hours, BFM standards and business rules, cancel, daily sheet, electronic recording system, fit, heavy vehicle accreditation, maintenance management accreditation, maintenance management standards and business rules, maintenance management system, mass management accreditation, mass management standards and business rules, mass management system, registered industry code of practice, relevant management system, relevant standards and business rules, sign of fatigue and twinsteer axle group—omit.(2)Section 5, in alphabetical order—insert—alternative compliance accreditation means accreditation granted under section 458 in relation to a prescribed operations requirement.alternative compliance hours has the meaning given by section 253.approved auditor, in relation to an audit of an operator’s safety management system, means an auditor of a class specified in the audit standard as approved to carry out the audit.approved electronic recording system means an electronic recording system the subject of a current approval under section 343 or a corresponding fatigue law.audit standard means the standard for the carrying out of audits of an operator’s safety management system approved by the responsible Ministers under section 654(1)(a).cause of fatigue or being unfit to drive, for the purposes of Chapter 6, has the meaning given by section 221.electronic recording system means a system of recording information electronically.fatigue alternative compliance accreditation means an alternative compliance accreditation granted in relation to a prescribed operations requirement relating to requirements under Division 2 of Part 6.3.Note—The Heavy Vehicle (Fatigue Management) National Regulation prescribes the requirements under Division 2 of Part 6.3 of this Law as prescribed operations requirements.fit, for the purposes of Part 9.3, has the meaning given by section 512A.general safety accreditation means accreditation granted under section 458 that is not related to a prescribed operations requirement.heavy vehicle accreditation means—(a)general safety accreditation; or(b)alternative compliance accreditation.
prescribed operations requirement has the meaning given by section 457.safety management system has the meaning given by section 457A.safety management system standard means the standard for safety management systems approved by the responsible Ministers under section 654(1)(b).sign of fatigue or being unfit to drive, for the purposes of Chapter 6, has the meaning given by section 221.standard for alternative compliance hours means the standard for alternative compliance hours approved by the responsible Ministers under section 654(1)(c).twinsteer axle group means a group of 2 axles that meets the requirements prescribed for the purposes of this definition by the national regulations.unfit to drive has the meaning given by section 225(2).(3)Section 5, definition class 2 heavy vehicle authorisation (permit), ‘section 143(2)’—omit, insert—section 143(4)Section 5, definition impaired by fatigue, ‘section 225’—omit, insert—section 225(1)(5)Section 5, definition indictable offence, after ‘section 26F’—insert—and includes an offence mentioned in section 26D(1A) with the penalty mentioned in section 26F(6)Section 5, definition mass or dimension exemption (permit), ‘section 122(3)’—omit, insert—section 122(1)(7)Section 5, definition night rest break, note, ‘sections 248 and 303’—omit, insert—section 248(8)Section 5, definition tamper, paragraph (b)—omit.(9)Section 5, definition vehicle standards exemption (permit), ‘section 68(2)’—omit, insert—section 68(10)Section 5, definition work and rest hours exemption (permit), ‘section 273(2)’—omit, insert—section 273(11)Section 5, definition work diary exemption (permit), ‘section 363(2)’—omit, insert—section 36312Amendment of s 7 (Meaning of fatigue-regulated heavy vehicle)Section 7(1)(a), (b) and (3)(a), ‘12t’—omit, insert—the GVM prescribed by the national regulations13Amendment of s 22 (Application for PBS design approval)Section 22(2)—omit, insert—(2)In assessing the application, the Regulator must have regard to the matters prescribed by the national regulations for the purposes of this subsection.14Amendment of s 23 (Application for PBS vehicle approval)Section 23(2)—omit, insert—(2)In assessing the application, the Regulator must have regard to the matters prescribed by the national regulations for the purposes of this subsection.15Omission of s 25A (Keeping copy of PBS vehicle approval while driving)Section 25A—omit.16Amendment of s 26 (National regulations)(1)Section 26(d), ‘certifiers.’—omit, insert—certifiers; and(2)Section 26—insert—(e)requirements to keep a copy of a PBS vehicle approval.
17Amendment of s 26D (Duty of executive of legal entity)(1)Section 26D(1), after ‘a safety duty’—insert—, other than a safety duty imposed under section 26C(2)Section 26D—insert—(1A)If a legal entity has a safety duty imposed under section 26C, an executive of the legal entity must exercise due diligence to ensure the legal entity complies with the safety duty.Maximum penalty—the penalty for a contravention of section 26F, 26G or 26H by an individual, as appropriate.(3)Section 26D(2), after ‘subsection (1)’—insert—or (1A)(4)Section 26D(2A), ‘Subsection (1) does not’—omit, insert—Subsections (1) and (1A) do not18Amendment of s 26E (Prohibited requests and contracts)(1)Section 26E(1)(b)—omit, insert—(b)to drive a heavy vehicle while impaired by fatigue or unfit to drive; or
(2)Section 26E(1)(d), from ‘fatigue-regulated’ to ‘impaired by fatigue’—omit, insert—heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or unfit to drive(3)Section 26E(1) and (2), penalty, ‘$10000’—omit, insert—$20000(4)Section 26E(2)(b)—omit, insert—(b)to drive a heavy vehicle while impaired by fatigue or unfit to drive; or
(5)Section 26E(2)(d), from ‘fatigue-regulated’ to ‘impaired by fatigue’—omit, insert—heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or unfit to drive19Insertion of new s 26IAfter section 26H—insert—26IAlternative verdicts(1)In proceedings for an offence under section 26F, if the court is not satisfied the offence is proven, but is satisfied the person committed an offence under section 26G or 26H, the court may find the person guilty of the offence under section 26G or 26H, and the person is liable to punishment accordingly.(2)In proceedings for an offence under section 26G, if the court is not satisfied the offence is proven, but is satisfied the person committed an offence under section 26H, the court may find the person guilty of the offence under section 26H, and the person is liable to punishment accordingly.20Amendment of s 60 (Compliance with heavy vehicle standards)(1)Section 60(1), penalty—omit, insert—Maximum penalty—$6000.(2)Section 60(2) to (5)—omit, insert—(2)Subsection (1) does not apply in circumstances prescribed by the national regulations.21Amendment of s 62 (Restriction on grant of vehicle standards exemption (notice))Section 62(1)—omit, insert—(1)The Regulator may grant a vehicle standards exemption (notice) for a category of heavy vehicles only—(a)in the circumstances prescribed by the national regulations; and(b)if the Regulator is satisfied the use of the heavy vehicles on a road under the exemption will not pose a significant safety risk.
22Replacement of ss 68–80Sections 68 to 80—omit, insert—68Vehicle standards exemption (permits)The Regulator may, by giving a person a vehicle standards exemption (permit), exempt 1 or more heavy vehicles from compliance with a heavy vehicle standard for a stated period.Note—See section 730A for regulation-making powers in relation to vehicle standards exemption (permits).23Amendment of s 81 (Contravening condition of vehicle standards exemption)Section 81(1), (2) and (3), penalty, ‘$4000’—omit, insert—$600024Omission of s 83 (Keeping copy of permit while driving under vehicle standards exemption (permit))Section 83—omit.25Omission of ss 85–87ASections 85 to 87A—omit.26Amendment of s 88 (National regulations for heavy vehicle modification)(1)Section 88, before ‘The’—insert—(1)(2)Section 88—insert—(2)Without limiting subsection (1), the national regulations may provide for the following—(a)the approval of a modification of a heavy vehicle, including by the Regulator or an approved vehicle examiner;(b)offences for tampering with plates or labels attached to modified heavy vehicles.
27Replacement of s 92 (Display of warning signs required by heavy vehicle standards on vehicles to which the requirement does not apply)Section 92—omit, insert—92Displaying warning signsThe national regulations may prescribe requirements for the display of warning signs on heavy vehicles, including as a heavy vehicle standard or in relation to mass, dimension and loading.28Amendment of s 96 (Compliance with mass requirements)Section 96(5)—omit, insert—(5)This section does not apply to a heavy vehicle that is prescribed as a specified PBS vehicle under a regulation made under section 136.Note—If a heavy vehicle that is prescribed as a specified PBS vehicle does not comply with the mass requirements that apply to the heavy vehicle, it would be a class 2 heavy vehicle and could be dealt with under section 137.29Amendment of s 102 (Compliance with dimension requirements)(1)Section 102(1), penalty, paragraphs (a) and (b)(i), ‘$3000’—omit, insert—$4000(2)Section 102(1), penalty, paragraph (b)(ii), ‘$5000’—omit, insert—$600030Omission of s 109 (Warning signals required for rear projection of loads)Section 109—omit.31Replacement of ss 122–128Sections 122 to 128—omit, insert—122Mass or dimension exemption (permits) for class 1 and class 3 heavy vehicles(1)The Regulator may, by giving a person a mass or dimension exemption (permit), exempt 1 or more class 1 heavy vehicles or class 3 heavy vehicles from compliance with any of the following for a stated period—(a)a prescribed mass requirement;(b)a prescribed dimension requirement;(c)a requirement relating to the GCM of the vehicle.
Note—See section 730A for regulation-making powers in relation to mass or dimension exemption (permits).(2)The Regulator may grant a mass or dimension exemption (permit) for a heavy vehicle only if—(a)the Regulator is satisfied the use of the heavy vehicle on a road under the permit will not pose a significant risk to public safety; and(b)each relevant road manager for the exemption has consented to the grant; and(c)the Regulator is satisfied all other consents required for the exemption under the law of the relevant jurisdiction have been obtained by the applicant or have been otherwise given.
(3)In deciding whether to grant a mass or dimension exemption (permit), the Regulator must have regard to the approved guidelines for granting mass or dimension exemptions.32Omission of s 133 (Keeping copy of permit while driving under mass or dimension exemption (permit))Section 133—omit.33Omission of Pt 4.5, Div 5 (Other provision)Part 4.5, Division 5—omit.34Replacement of s 136 (Class 2 heavy vehicles)Section 136—omit, insert—136Class 2 heavy vehiclesA heavy vehicle is a class 2 heavy vehicle if the heavy vehicle meets the requirements prescribed for the purposes of this section by the national regulations.35Replacement of ss 143–149Sections 143 to 149—omit, insert—143Class 2 heavy vehicle authorisation (permits)The Regulator may, by giving a person a class 2 heavy vehicle authorisation (permit), authorise the use of 1 or more class 2 heavy vehicles—(a)in stated areas or on stated routes; and(b)during stated hours of stated days.
Note—See section 730A for regulation-making powers in relation to class 2 heavy vehicle authorisation (permits).36Omission of s 152 (Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit))Section 152—omit.37Amendment of s 153A (Using restricted access vehicle)(1)Section 153A(2), definitions restricted access vehicle and specified semitrailer—omit.(2)Section 153A(2), in alphabetical order—insert—restricted access vehicle means a heavy vehicle that meets the requirements prescribed for the purposes of this definition by the national regulations.safer freight combination means a combination that meets the requirements prescribed for the purposes of this definition by the national regulations.specified semitrailer means a semitrailer that meets the requirements prescribed for the purposes of this definition by the national regulations.(3)Section 153A(3)(b)—omit, insert—(b)a heavy vehicle that is prescribed as a specified PBS vehicle under a regulation made under section 136; or
(4)Section 153A(3)(e)—omit, insert—(e)a safer freight combination.
38Omission of Pt 4.7, Divs 4 and 5Part 4.7, Divisions 4 and 5—omit.39Amendment of s 186 (False or misleading transport documentation for goods)Section 186(2), (3), (4) and (5), penalty, ‘$10000’—omit, insert—$2000040Amendment of s 187 (False or misleading information in container weight declaration)Section 187(2) and (3), penalty, ‘$10000’—omit, insert—$2000041Amendment of ch 6, hdg (Vehicle operations—driver fatigue)Chapter 6, heading, after ‘fatigue’—insert—and fitness to drive42Amendment of s 220 (Main purpose of Ch 6)(1)Section 220(1), from ‘of drivers’ to ‘vehicles’—omit, insert—and fitness to drive of drivers of heavy vehicles(2)Section 220(2)(a) to (c)—omit, insert—(a)imposing a duty on drivers of heavy vehicles to not drive a heavy vehicle on a road while impaired by fatigue or unfit to drive; and
43Amendment of s 221 (Definitions for Ch 6)(1)Section 221, definitions AFM fatigue management system, AFM hours, approved electronic recording system, approved sleeper berth, BFM hours, cancel, daily sheet, electronic recording system, fatigue and impaired by fatigue—omit.(2)Section 221, in alphabetical order—insert—approved sleeper berth, for a fatigue-regulated heavy vehicle, means a driver’s sleeper berth prescribed by the national regulations.(3)Section 221, definition cause of fatigue, after ‘cause of fatigue’—insert—or being unfit to drive(4)Section 221, definition cause of fatigue or being unfit to drive, as amended by subsection (3), ‘while driving a fatigue-regulated heavy vehicle’—omit, insert—or unfit to drive while driving a heavy vehicle(5)Section 221, definition night work time, note, ‘sections 248 and 303’—omit, insert—section 248(6)Section 221, definition sign of fatigue, after ‘sign of fatigue’—insert—or being unfit to drive(7)Section 221, definition sign of fatigue or being unfit to drive, as amended by subsection (6), ‘while driving a fatigue-regulated heavy vehicle’—omit, insert—or unfit to drive while driving a heavy vehicle(8)Section 221, definition written work diary, ‘section 340’—omit, insert—section 293A44Replacement of Pt 6.2, hdg (Duties relating to fatigue)Part 6.2, heading—omit, insert—Part 6.2Duty to not drive while fatigued or unfit to drive45Omission of Pt 6.2, Div 1, hdg (Preliminary)Part 6.2, Division 1, heading—omit.46Replacement of ss 224 and 225Sections 224 and 225—omit, insert—224Matters court may consider in deciding whether person was fatigued or unfit to drive(1)When deciding whether the driver of a heavy vehicle was fatigued or unfit to drive, a court may consider the following—(a)what is commonly understood as being fatigued or unfit to drive;(b)the causes of fatigue or being unfit to drive;(c)the signs of fatigue or being unfit to drive;(d)any relevant body of knowledge;(e)any other matter prescribed by the national regulations.
(2)Subsection (1) does not limit the matters the court may consider when deciding whether a driver was impaired by fatigue or unfit to drive.(3)In this section—relevant body of knowledge means any accreditation scheme, approved guidelines, scientific knowledge, expert opinion, codes of practice, standards or other knowledge about preventing or managing exposure to risks to safety either on a road or in a workplace, arising from fatigue or being unfit to drive.225What is being impaired by fatigue or unfit to drive(1)A driver is impaired by fatigue if the driver’s ability to drive a heavy vehicle on a road safely is affected by fatigue.(2)A driver of a heavy vehicle is unfit to drive the heavy vehicle on a road if the driver is not of sufficiently good health or fitness to drive the heavy vehicle safely.47Amendment of s 226 (Matters court may consider in deciding whether person was impaired by fatigue)(1)Section 226, heading, after ‘fatigue’—insert—or unfit to drive(2)Section 226(1), from ‘fatigue-regulated’ to ‘fatigue’—omit, insert—heavy vehicle was impaired by fatigue or unfit to drive(3)Section 226(1)(a), from ‘or sign’—omit, insert—or sign of fatigue or being unfit to drive that was evident, and the degree to which it may indicate that the driver was impaired by fatigue or unfit to drive;(4)Section 226(1)(b), (2) and (3), after ‘fatigue’—insert—or unfit to drive48Omission of Pt 6.2, Div 2, hdg (Duty to avoid fatigue)Part 6.2, Division 2, heading—omit.49Amendment of s 228 (Duty of driver to avoid driving while fatigued)(1)Section 228, heading, after ‘fatigued’—insert—or unfit to drive(2)Section 228(1)—omit, insert—(1)A person must not drive a heavy vehicle on a road while the person is impaired by fatigue or unfit to drive.Maximum penalty—$20000.50Amendment of s 243 (What is a driver’s work and rest hours option)(1)Section 243(2)(a)(i), ‘BFM accreditation, AFM accreditation’—omit, insert—fatigue alternative compliance accreditation(2)Section 243(2)(b) and (c)—omit, insert—(b)the alternative compliance arrangements, which—(i)apply to drivers of fatigue-regulated heavy vehicles operating under a fatigue alternative compliance accreditation; and(ii)are known as ‘alternative compliance hours’; or
51Omission of ss 246 and 246ASections 246 and 246A—omit.52Amendment of s 247 (Time to be counted after rest time ends)(1)Section 247(a), ‘a relevant major rest break’—omit, insert—the longest major rest break required in a period under the driver’s work and rest hours option(2)Section 247, example, ‘the relevant major rest break’—omit, insert—the longest major rest break53Amendment of s 249 (Standard hours)Section 249(1), ‘BFM accreditation, AFM accreditation’—omit, insert—fatigue alternative compliance accreditation54Amendment of s 250 (Operating under standard hours—solo drivers)Section 250(1), penalty, paragraph (a), ‘$4000’—omit, insert—$300055Amendment of s 251 (Operating under standard hours—two-up drivers)Section 251(1), penalty, paragraph (a), ‘$4000’—omit, insert—$300056Replacement of Pt 6.3, Divs 3 and 4Part 6.3, Divisions 3 and 4—omit, insert—Division 3Alternative compliance work and rest arrangements253Alternative compliance hours(1)In this Law, the alternative compliance hours are the maximum work times and minimum rest times that apply, for a period, to the driver of a fatigue-regulated heavy vehicle operating under a fatigue alternative compliance accreditation.(2)The alternative compliance hours are stated in the accreditation certificate for the fatigue alternative compliance accreditation.Note—Under section 461A, the alternative compliance hours specified by the Regulator when granting fatigue alternative compliance accreditation must comply with the standard for alternative compliance hours.254Operating under alternative compliance hoursThe driver of a fatigue-regulated heavy vehicle commits an offence if, in any period stated in the alternative compliance hours for the driver, the driver—(a)works for more than the maximum work time stated in the alternative compliance hours; or(b)rests for less than the minimum rest time stated in the alternative compliance hours.
Maximum penalty—(a)for a minor risk breach—$3000; or(b)for a substantial risk breach—$6000; or(c)for a severe risk breach—$10000; or(d)for a critical risk breach—$15000.
57Amendment of s 260 (Operating under exemption hours)Section 260(1), penalty, paragraph (a), ‘$4000’—omit, insert—$300058Amendment of s 263 (Operating under new work and rest hours option after change)(1)Section 263(1)(a), ‘or BFM hours’—omit.(2)Section 263(1)(a), examples—omit.(3)Section 263(1)(b), ‘AFM hours’—omit, insert—alternative compliance hours(4)Section 263(1)(c), example—omit.59Amendment of s 264 (Duty of employer, prime contractor, operator and scheduler to ensure driver compliance)Section 264(2), penalty, ‘$6000’—omit, insert—$1000060Amendment of s 267 (Restriction on grant of work and rest hours exemption (notice))Section 267(1)(b), from ‘BFM hours’ to ‘AFM accreditation’—omit, insert—alternative compliance hours—the requirements applying to a fatigue alternative compliance accreditation61Replacement of ss 273–285Sections 273 to 285—omit, insert—273Work and rest hours exemption (permits)The Regulator may, by giving a person a work and rest hours exemption (permit), grant an exemption to allow the following to operate under stated maximum work times and minimum rest times for a stated period—(a)a driver of a fatigue-regulated heavy vehicle;(b)a class of drivers of fatigue-regulated heavy vehicles.
Note—See section 730A for regulation-making powers in relation to work and rest hours exemption (permits).62Amendment of s 287 (Keeping relevant document while operating under work and rest hours exemption (notice))Section 287(2) and (3), penalty, ‘$3000’—omit, insert—$150063Omission of s 288 (Keeping copy of permit while driving under work and rest hours exemption (permit))Section 288—omit.64Amendment of s 291 (Application of Sdiv 1)Section 291(c) and (d), ‘BFM hours, AFM hours’—omit, insert—alternative compliance hours65Amendment of s 293 (Driver of fatigue-regulated heavy vehicle must carry work diary)Section 293(1), penalty, ‘$6000’—omit, insert—$1000066Insertion of new s 293AAfter section 293—insert—293A Regulator may issue written work diaries(1)The Regulator may issue a written work diary to a driver of a fatigue-regulated heavy vehicle.(2)The national regulations may provide for the following—(a)applications for a written work diary, including making and determining an application;(b)the form of a written work diary;(c)the matters that must be contained in a written work diary.
67Amendment of s 294 (Purpose of and definition for Sdiv 2)Section 294(1)(b), ‘BFM hours, AFM hours’—omit, insert—alternative compliance hours68Amendment of s 295 (National regulations for information to be included in work diary)Section 295, after subsection (3)—insert—(4)The national regulations may provide for how a driver’s work time and rest time are counted in the driver’s work diary.69Amendment of s 297 (Information required to be recorded immediately after starting work)Section 297(2), penalty, ‘$6000’—omit, insert—$400070Omission of Pt 6.4, Div 2, Subdiv 3 (How information must be recorded in work diary)Part 6.4, Division 2, Subdivision 3—omit.71Amendment of s 307 (Driver who is record keeper must notify Regulator if electronic work diary filled up etc.)Section 307(2) and (3), penalty, ‘$3000’—omit, insert—$150072Omission of s 308 (What driver must do if lost or stolen written work diary found or returned)Section 308—omit.73Amendment of s 309 (Driver must notify record keeper if electronic work diary filled up etc.)Section 309(2), penalty, ‘$3000’—omit, insert—$150074Amendment of s 312 (What record keeper must do if electronic work diary destroyed, lost or stolen)Section 312(2) and (3), penalty, ‘$6000’—omit, insert—$300075Amendment of s 314 (How electronic work diary must be used)Section 314(2), penalty, ‘$3000’—omit, insert—$150076Amendment of s 315 (Ensuring driver complies with Sdivs 1–4)(1)Section 315, heading, ‘Sdivs 1–4’—omit, insert—Sdivs 1, 2 and 4(2)Section 315(1), ‘Subdivisions 1, 2, 3 and 4’—omit, insert—Subdivisions 1, 2 and 4(3)Section 315(1), penalty, ‘$6000’—omit, insert—$1000077Amendment of s 317 (Who is a driver’s record keeper)Section 317(a)—omit, insert—(a)the operator of the vehicle, if the driver is operating under—(i)the operator’s fatigue alternative compliance accreditation; or(ii)a work and rest hours exemption (permit) granted in combination with the operator’s fatigue alternative compliance accreditation;
78Amendment of Pt 6.4, Div 3, Subdiv 3, hdg (Record keeping obligations relating to drivers undertaking 100+km work under standard hours or operating under BFM hours, AFM hours or exemption hours)Part 6.4, Division 3, Subdivision 3, heading, ‘or operating under BFM hours, AFM hours’—omit, insert—, alternative compliance hours79Amendment of s 320 (Application of Sdiv 3)Section 320(b), ‘BFM hours, AFM hours’—omit, insert—alternative compliance hours80Amendment of s 321 (Records record keeper must have)(1)Section 321(3), ‘BFM hours or AFM hours’—omit, insert—alternative compliance hours(2)Section 321(3)(a), ‘BFM accreditation or AFM accreditation’—omit, insert—fatigue alternative compliance accreditation(3)Section 321(3)(b), from ‘BFM standards’ to ‘business rules.’—omit, insert—safety management system standard.(4)Section 321(3), note, ‘BFM accreditation or AFM accreditation’—omit, insert—fatigue alternative compliance accreditation(5)Section 321(8), definitions AFM standards and business rules and BFM standards and business rules—omit.81Amendment of s 325 (False or misleading entries)Section 325(1), penalty, ‘$10000’—omit, insert—$2000082Amendment of s 326 (When possessing, or recording information in, more than 1 work diary relating to the same period is prohibited)Section 326(1), ‘on a daily sheet’—omit.83Amendment of s 327 (Possession of purported work records etc. prohibited)Section 327, penalty, ‘$10000’—omit, insert—$2000084Amendment of s 328 (False representation about work records prohibited)Section 328, penalty, ‘$10000’—omit, insert—$2000085Amendment of s 329 (Defacing or changing work records etc. prohibited)Section 329, penalty, ‘$10000’—omit, insert—$2000086Amendment of s 330 (Making entries in someone else’s work records prohibited)Section 330(1), penalty, ‘$10000’—omit, insert—$2000087Amendment of s 331 (Destruction of particular work records prohibited)Section 331, penalty, ‘$10000’—omit, insert—$2000088Amendment of s 332 (Offence to remove pages from written work diary)(1)Section 332, ‘daily’ (wherever appearing)—omit.(2)Section 332, penalty, ‘$10000’—omit, insert—$2000089Amendment of s 335 (Person must not tamper with approved electronic recording system)Section 335(1), penalty, ‘$10000’—omit, insert—$2000090Amendment of s 336 (Person using approved electronic recording system must not permit tampering with it)Section 336(1), penalty, ‘$10000’—omit, insert—$2000091Omission of Pt 6.4, Div 6 (Obtaining written work diary)Part 6.4, Division 6—omit.92Amendment of s 341 (Period for which, and way in which, records must be kept)Section 341(2) and (5), penalty, ‘$6000’—omit, insert—$400093Amendment of s 351 (Amendment or cancellation of approval on application)(1)Section 351(2)(c) and (d)—omit, insert—(c)if the application is for an amendment of the approval—state clearly the amendment sought and outline the reasons for the application.
(2)Section 351(6)—omit, insert—(6)If the Regulator decides not to amend or cancel the approval as sought by the applicant, the Regulator must give the applicant an information notice for the decision.94Amendment of s 358 (Restriction on grant of work diary exemption (notice))Section 358(1)(b)(ii), after ‘fatigue’—insert—or unfit to drive95Replacement of ss 363–374Sections 363 to 374—omit, insert—363Work diary exemption (permits)The Regulator may, by giving a person a work diary exemption (permit), exempt a driver of a fatigue-regulated heavy vehicle from the requirement to comply with Subdivisions 1 to 5 of Division 2 for a stated period.Note—See section 730A for regulation-making powers in relation to work diary exemption (permits).96Omission of s 377 (Keeping permit or copy while operating under work diary exemption (permit))Section 377—omit.97Replacement of ss 383–393Sections 383 to 393—omit, insert—383Fatigue record keeping exemption (permits)The Regulator may, by giving a person a fatigue record keeping exemption (permit), exempt a record keeper for 1 or more drivers of a fatigue-regulated heavy vehicle from the requirement to comply with all or stated provisions of Division 3 for a stated period.Note—See section 730A for regulation-making powers in relation to fatigue record keeping exemption (permits).98Amendment of s 456 (Purpose of Ch 8)Section 456, after ‘implement’—insert—safety99Replacement of s 457 (Definitions for Ch 8)Section 457—omit, insert—457Requirements for heavy vehicle operations that may be subject to alternative compliance accreditationThe national regulations may prescribe a requirement under this Law in relation to heavy vehicle operations in relation to which an alternative compliance accreditation may be granted (a prescribed operations requirement).Example of heavy vehicle operations—requirements for mass under Part 4.2 or requirements for driver fatigue under Part 6.3457A Safety management systems for operators of heavy vehicles(1)In this Law, a safety management system, for an operator of a heavy vehicle, is a group of policies, systems and procedures relating to the safety of the operator’s transport activities and the driving of heavy vehicles.(2)A safety management system must—(a)identify public risks associated with the operator’s transport activities and the driving of heavy vehicles; and(b)assess the identified public risks; and(c)specify the controls to manage and mitigate the identified public risks.
(3)A safety management system must comply with the safety management system standard, including by addressing any matters required to be addressed by the safety management system standard.100Amendment of s 458 (Regulator’s power to grant heavy vehicle accreditation)(1)Section 458, before ‘The’—insert—(1)(2)Section 458—insert—(2)The Regulator must not grant alternative compliance accreditation to an operator unless the operator also holds general safety accreditation.101Amendment of s 459 (Application for heavy vehicle accreditation)Section 459(2)(b)(i) to (iii)—omit, insert—(i)a statement by the applicant that the applicant has a safety management system that complies with the safety management system standard;(ii)a statement by an approved auditor that the auditor considers the applicant’s safety management system complies with the safety management system standard;(iii)any other information required for the application under the safety management system standard;
102Replacement of s 461 (Restriction on grant of heavy vehicle accreditation)Section 461—omit, insert—461Restriction on grant of heavy vehicle accreditation(1)The Regulator may grant an applicant heavy vehicle accreditation only if the Regulator is satisfied—(a)the applicant has a safety management system for the operations to be carried out under the accreditation that complies with the safety management system standard; and(b)the applicant is able to comply with this Law, having regard to—(i)the information provided to the Regulator under this Part; and(ii)the matters to which the Regulator may or must have regard under this section; and
(c)the applicant is a suitable person to be granted the accreditation, having regard to—(i)the information provided to the Regulator under this Part; and(ii)the matters to which the Regulator may or must have regard under this section.
(2)In deciding an application for heavy vehicle accreditation, the Regulator must have regard to the following—(a)the results of any audits of the applicant’s safety management system carried out by an approved auditor in accordance with the audit standard;(b)any relevant body of fatigue knowledge.
(3)In deciding an application for heavy vehicle accreditation, the Regulator must comply with approved guidelines for granting heavy vehicle accreditation.(4)In deciding an application for heavy vehicle accreditation, the Regulator may also have regard to other matters the Regulator considers relevant.(5)The Regulator may grant alternative compliance accreditation setting particular requirements different to those sought by the applicant.(6)The Regulator must not grant alternative compliance accreditation unless satisfied—(a)the alternative compliance accreditation—(i)is consistent with the relevant prescribed operations requirement; and(ii)complies with the requirements prescribed by the national regulations for the purposes of the prescribed operations requirement in relation to which the alternative compliance accreditation is granted; and
(b)granting alternative compliance accreditation will result in a standard of safety that is at least equivalent to the standard that would be achieved by compliance with the relevant prescribed operations requirement.
461A Restriction on grant of fatigue alternative compliance accreditation(1)This section applies if the Regulator grants fatigue alternative compliance accreditation.(2)The Regulator must specify the alternative compliance hours that apply to the driver of a fatigue-regulated heavy vehicle operating under the fatigue alternative compliance accreditation.(3)The alternative compliance hours specified by the Regulator must comply with the standard for alternative compliance hours.(4)In specifying alternative compliance hours for a fatigue alternative compliance accreditation, the Regulator—(a)must be satisfied the alternative compliance hours appear to provide a safe balance between work, rest, risk management and fatigue countermeasures; and(b)must not set alternative compliance hours the Regulator considers would be unsafe, having regard to—(i)the applicant’s safety management system; and(ii)any relevant body of fatigue knowledge.
103Amendment of s 462 (Conditions of heavy vehicle accreditation)(1)Section 462(1), from ‘comply’ to ‘rules’—omit, insert—have a safety management system that complies with the safety management system standard(2)Section 462(2)(b), ‘relevant’—omit, insert—safety(3)Section 462(2)(c), ‘effectively.’—omit, insert—effectively; and(4)Section 462(2)—insert—(d)a condition requiring a label to be attached to a heavy vehicle operating under the accreditation.
104Amendment of s 464 (Accreditation certificate for heavy vehicle accreditation etc.)(1)Section 464(2)(d)—omit, insert—(d)for a fatigue alternative compliance accreditation—the alternative compliance hours that apply under the accreditation;
(2)Section 464(3), definition prescribed circumstances, paragraph (c)—omit, insert—(c)for a fatigue alternative compliance accreditation—granted alternative compliance hours that are different to the alternative compliance hours sought by the applicant for the accreditation.
105Omission of s 466 (Accreditation labels for maintenance management accreditation and mass management accreditation)Section 466—omit.106Amendment of s 467 (Compliance with conditions of BFM accreditation or AFM accreditation)(1)Section 467, heading, ‘BFM accreditation or AFM accreditation’—omit, insert—heavy vehicle accreditation(2)Section 467, ‘BFM accreditation or AFM accreditation’—omit, insert—heavy vehicle accreditation107Amendment of s 468 (Driver operating under BFM accreditation or AFM accreditation must carry accreditation details)(1)Section 468, heading, ‘BFM accreditation or AFM accreditation’—omit, insert—heavy vehicle accreditation(2)Section 468(1), ‘BFM accreditation or AFM accreditation’ (wherever appearing)—omit, insert—heavy vehicle accreditation(3)Section 468(1)(b)(ii), ‘relevant’—omit, insert—safety(4)Section 468(1)(c) and example—omit, insert—(c)for a driver operating under an alternative compliance accreditation—a document containing the information prescribed by the national regulations.
108Omission of s 469 (Driver must return particular documents if stops operating under BFM accreditation or AFM accreditation etc.)Section 469—omit.109Amendment of s 470 (General requirements applying to operator with heavy vehicle accreditation)(1)Section 470(2), from ‘If’ to ‘operator’—omit, insert—The operator(2)Section 470(2)(a), ‘relevant’—omit, insert—safety(3)Section 470(3)—omit, insert—(3)If the accreditation is a fatigue alternative compliance accreditation, the operator must also ensure each driver who operates under the accreditation is informed of the alternative compliance hours applying under the accreditation.Maximum penalty—$6000.(4)Section 470(4)(b) and (c)—omit, insert—(b)records demonstrating the operator has complied with subsections (2) and (3); and(c)a current list of heavy vehicles to which the operator’s accreditation relates, if applicable to the accreditation; and(d)if the accreditation is an alternative compliance accreditation—a current list of drivers operating under the accreditation, if applicable to the accreditation.
(5)Section 470(5)(b), ‘subsection (4)(b) or (c)’—omit, insert—subsection (4)(6)Section 470(7)(a), ‘subsection (4)(b)(i) or (c)’—omit, insert—subsection (4)(c) or (d)(7)Section 470(9)(a), ‘or 476’—omit.(8)Section 470(9), note—omit.110Amendment of s 471 (Operator must give notice of amendment, suspension or ending of heavy vehicle accreditation)(1)Section 471(2), penalty, ‘$6000’—omit, insert—$10000(2)Section 471(3)—omit.111Amendment of s 472 (Amendment or cancellation of heavy vehicle accreditation on application)(1)Section 472(2)(c) and (d)—omit, insert—(c)if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment.
(2)Section 472(6)—omit, insert—(6)If the Regulator decides not to amend or cancel the accreditation as sought by the applicant, the Regulator must give the applicant an information notice for the decision.112Amendment of s 473 (Amendment, suspension or cancellation of heavy vehicle accreditation on Regulator’s initiative)Section 473(1)(e) and (f)—omit, insert—(e)the Regulator considers it necessary to prevent or minimise a public risk;
113Amendment of s 474 (Immediate suspension of heavy vehicle accreditation)Section 474(1)(b), ‘serious harm to public safety’—omit, insert—a serious public risk114Omission of ss 476 and 477Sections 476 and 477—omit.115Amendment of s 478 (Offences relating to auditors)(1)Section 478(1), (2), (3) and (4), penalty, ‘$10000’—omit, insert—$20000(2)Section 478(2), after ‘class’—insert—, as specified in the audit standard(3)Section 478(3) and (4), ‘relevant’—omit, insert—safety(4)Section 478(5)—omit.116Insertion of new s 512AAfter section 512—insert—512A Definition for Pt 9.3In this Part—fit, to drive a heavy vehicle, or to start or stop its engine, for a person, means the person—(a)is apparently physically and mentally fit to drive the vehicle, or start or stop its engine; and(b)is not apparently affected by either or both of the following—(i)alcohol;(ii)a drug that affects a person’s ability to drive a vehicle; and
(c)is not found to have an alcohol concentration in the person’s blood or breath exceeding the amount permitted, under an Australian road law of this jurisdiction, for the driver of a heavy vehicle; and(d)is not found to be under the influence of a drug or to have present in the person’s blood or saliva a drug that the driver of a heavy vehicle is not permitted to have present in the driver’s blood or saliva under an Australian road law of this jurisdiction.
117Amendment of s 517 (Direction to move heavy vehicle if causing harm etc.)Section 517(4), penalty, ‘$6000’—omit, insert—$10000118Amendment of s 522 (Power to order presentation of heavy vehicles for inspection)Section 522(5), penalty, ‘$6000’—omit, insert—$10000119Amendment of s 524 (Direction to leave heavy vehicle)Section 524(5), penalty, ‘$6000’—omit, insert—$10000120Replacement of Pt 9.3, Div 8, hdg (Further powers in relation to fatigue-regulated heavy vehicles)Part 9.3, Division 8, heading—omit, insert—Division 8Further powers in relation to work and rest arrangements121Amendment of s 537 (Application of Div 8)Section 537, ‘fatigue-regulated’—omit.122Amendment of s 540 (Requiring driver to stop working if impaired by fatigue)(1)Section 540, heading, after ‘fatigue’—insert—or unfit to drive(2)Section 540(1), from ‘fatigue-regulated’ to ‘fatigue’—omit, insert—heavy vehicle is impaired by fatigue or unfit to drive(3)Section 540(2)(b) and (5), ‘fatigue-regulated’ (wherever appearing)—omit.(4)Section 540(4), after ‘subsection (2)(a)’—insert—in relation to a fatigue-regulated heavy vehicle(5)Section 540(6), after ‘fatigue’—insert—or unfit to drive123Amendment of s 573 (Contravention of improvement notice)(1)Section 573(1), penalty, ‘$10000’—omit, insert—$20000(2)Section 573(3)—omit.124Amendment of s 576C (Compliance with prohibition notice)Section 576C, penalty, ‘$10000’—omit, insert—$20000125Amendment of s 590 (Formal warning)(1)Section 590(1)(b)—omit.(2)Section 590(3)(b), ‘breach.’—omit, insert—breach; or(3)Section 590(3)—insert—(c)a contravention of the safety duty imposed under section 26C.
126Amendment of s 632A (Using code of practice in proceeding)Section 632A(2), ‘registered industry code of practice’—omit, insert—code of practice issued by the Regulator under section 705127Insertion of new s 632BAfter section 632A—insert—632B Use of audit of safety management system in proceedingAn audit of an operator’s safety management system carried out by an approved auditor in accordance with the audit standard is admissible in proceedings for an offence against section 26D(1A), 26F, 26G or 26H.128Amendment of s 636 (Liability of executive officers of corporation)Section 636(1), after ‘Schedule 4’—insert—, or a prescribed offence against a provision of the national regulations made under section 88,129Amendment of s 637 (Treatment of unincorporated partnerships)Section 637(4), ‘schedule 4’—omit, insert—Schedule 4, or a prescribed offence against a provision of the national regulations made under section 88,130Amendment of s 638 (Treatment of other unincorporated bodies)Section 638(4), after ‘Schedule 4’—insert—, or a prescribed offence against a provision of the national regulations made under section 88,131Insertion of new Pt 12.1, Div 1, hdgBefore section 651—insert—Division 1Directions to Regulator132Replacement of s 651 (Policy directions)Section 651—omit, insert—651Policy directions(1)The responsible Ministers may give directions to the Regulator about the policies to be applied by the Regulator in exercising its functions under this Law.(2)A direction under this section can not be about—(a)a particular person; or(b)a particular heavy vehicle; or(c)a particular application or proceeding.
651A Directions to prevent or minimise serious public risk(1)The responsible Ministers may give a direction to the Regulator requiring the Regulator to take or not to take particular action in relation to a serious public risk.(2)A responsible Minister for a participating jurisdiction may give a direction to the Regulator under subsection (1) in relation to that jurisdiction.(3)A direction may be given only if the responsible Ministers or Minister, as the case requires, is satisfied the direction is necessary to prevent or minimise a serious public risk.(4)A direction under this section can not be about—(a)a particular person; or(b)a particular heavy vehicle; or(c)a particular application or proceeding.
651B Directions in relation to alternative compliance accreditation(1)The responsible Ministers may give a direction to the Regulator requiring the Regulator to take or not to take particular action in relation to alternative compliance accreditation.(2)A direction may be given only if the responsible Ministers are satisfied the direction is necessary to prevent or minimise a serious public risk.651C Directions to investigate or provide advice or information(1)The responsible Ministers may give a direction to the Regulator requiring the Regulator to investigate, or provide advice or information about, any matter relating to a public risk.(2)A responsible Minister for a participating jurisdiction may give a direction to the Regulator under subsection (1) in relation to that jurisdiction.(3)A direction under this section can not—(a)direct the Regulator as to how to conduct an investigation; or(b)direct the Regulator as to which persons the Regulator may request or direct to provide assistance; or(c)be about the outcome of an investigation; or(d)direct the Regulator to stop an investigation.
651D General provisions about directions(1)The Regulator must comply with a direction given to the Regulator under this Division.(2)The Regulator must publish a copy of a direction on the Regulator’s website.(3)The Regulator’s annual report must include—(a)a copy of a direction; and(b)the action taken by the Regulator to comply with the direction.
133Insertion of new Pt 12.1, Div 2, hdgBefore section 652—insert—Division 2Other provisions134Amendment of s 653 (Approved guidelines for exemptions, authorisations, permits and other authorities)(1)Section 653, heading, ‘authorities’—omit, insert—matters(2)Section 653(1)(l)(iv) and (v)—omit, insert—(iv)section 174(1)(b).
(3)Section 653, after subsection (1)—insert—(1A)The responsible Ministers must not approve guidelines unless satisfied the following have been consulted about the guidelines—(a)the Regulator;(b)any other persons the responsible Ministers consider relevant.
135Amendment of s 654 (Other approvals)Section 654(1)—omit, insert—(1)The responsible Ministers may approve the following—(a)a standard for the carrying out of audits of an operator’s safety management system by approved auditors for the purposes of heavy vehicle accreditation;(b)a standard with which an operator’s safety management system must comply for the purposes of heavy vehicle accreditation;(c)a standard for alternative compliance hours for the purposes of fatigue alternative compliance accreditation.
Note—Section 461A(3) requires the alternative compliance hours specified by the Regulator to comply with the standard for alternative compliance hours.(1A)The standard approved under subsection (1)(a) must—(a)address the following—(i)the purpose of audits;(ii)how and when audits will be carried out;(iii)the auditors who may carry out audits;(iv)oversight of audits; and
(b)be prepared by the Regulator.
(1B)Before submitting the standard referred to in subsection (1)(a) to the responsible Ministers for approval, the Regulator must consult with persons the Regulator considers relevant.136Insertion of new s 659AAfter section 659—insert—659A Responsible Ministers may issue statement of expectations(1)The responsible Ministers may issue a written statement (a statement of expectations) to the Regulator stating the expectations of the responsible Ministers in relation to the exercise of the Regulator’s functions.(2)The Regulator must exercise its functions in accordance with any statement of expectations.137Amendment of s 663 (Membership of Board)(1)Section 663(1), ‘5 members’—omit, insert—at least 5, but no more than 7, members(2)Section 663(2)—omit, insert—(2)The Board must consist of members with expertise, experience and skills the responsible Ministers consider appropriate.(2A)The responsible Ministers may recommend a person for appointment as a member of the Board only if satisfied there is no material conflict of interest between the person’s employment or other activities and the functions of the Board.Examples of a material conflict of interest between a person’s employment or other activities and the functions of the Board—•the person’s role as an employee of a corporation involved in transport activities•the person’s role as an elected member or employee of a heavy vehicle industry body
(3)Section 663, after subsection (3)—insert—(4)In this section—employment means any paid work and includes—(a)engagement under a contract for services, for example, as a contractor or consultant; and(b)self-employment or conduct of a business as a sole trader or as a partner in a partnership; and(c)holding office as an executive officer of a corporation; and(d)holding office as an officer of an unincorporated body.
138Amendment of s 665 (Terms of office of members)Section 665(2)—omit, insert—(2)If otherwise qualified, a member of the Board is eligible for reappointment but must not hold office for—(a)more than 3 consecutive terms; or(b)a cumulative period of more than 10 years.
139Amendment of s 667 (Vacancy in office of member)Section 667(2)—omit, insert—(2)The Queensland Minister may remove a member of the Board from office if the responsible Ministers recommend the removal of the member on the basis that—(a)the member has engaged in misconduct; or(b)the member has failed to or is unable to properly exercise the member’s functions as a member of the Board; or(c)the member has engaged in paid employment without the approval of the responsible Ministers; or(d)there is a material conflict of interest between the member’s employment or other activities and the functions of the Board.
140Amendment of s 695 (Corporate plans)(1)Section 695(1), from ‘and’ to ‘the Ministers’—omit.(2)Section 695, after subsection (1)—insert—(1A)The Regulator must, 30 days before the end of each financial year, give the corporate plan to the responsible Ministers for approval by the Ministers.141Amendment of s 696 (Application of particular Queensland Acts to this Law)Section 696(1)(b)—omit, insert—(b)the Public Records Act 2023 of Queensland;
142Amendment of s 701 (False or misleading statements)(1)Section 701(1), penalty, ‘$10000’—omit, insert—$20000(2)Section 701(2), penalty, ‘$8000’—omit, insert—$15000143Amendment of s 702 (False or misleading documents)(1)Section 702(1), penalty, ‘$10000’—omit, insert—$20000(2)Section 702(3), penalty, ‘$8000’—omit, insert—$15000144Amendment of s 703 (False or misleading information given by responsible person to another responsible person)(1)Section 703(1), penalty, ‘$10000’—omit, insert—$20000(2)Section 703(2), penalty, ‘$8000’—omit, insert—$15000145Amendment of s 704 (Offence to falsely represent that heavy vehicle authority is held etc.)Section 704(1), (2) and (3), penalty, ‘$10000’—omit, insert—$20000146Replacement of Pt 13.2 (Industry codes of practice)Part 13.2—omit, insert—Part 13.2Codes of practice705Regulator may issue codes of practice(1)The Regulator may issue a code of practice that relates to compliance with duties and obligations under this Law for parties in the chain of responsibility and drivers of heavy vehicles.(2)The Regulator may amend or revoke a code of practice.(3)The Regulator must not issue or amend a code of practice unless—(a)a draft code of practice or draft amendment has been made publicly available for at least 42 days; and(b)the Regulator has considered any submissions received during that period.
(4)The Regulator must not revoke a code of practice unless—(a)notice of the intention to revoke the code of practice has been made publicly available for at least 42 days; and(b)the Regulator has considered any submissions received during that period.
(5)Subsection (3) does not apply to an amendment of a code of practice that the Regulator considers minor.(6)Subsections (3) and (4) do not apply to an amendment or revocation of a code of practice resulting from a direction from the responsible Ministers under section 706.(7)The Regulator must ensure a copy of each code of practice, as in force from time to time, is published on the Regulator’s website.(8)The Regulator incurs no liability for loss or damage suffered by a person because the person relied on a code of practice issued by the Regulator under this section.706Responsible Ministers may give directions relating to codes of practice(1)The responsible Ministers may direct the Regulator to amend or revoke a code of practice issued by the Regulator under section 705.(2)The responsible Ministers may give a direction under subsection (1) only if satisfied the amendment or revocation is necessary to ensure the code of practice is not—(a)unreasonable or impractical; or(b)inconsistent with the purpose or object of this Law.
(3)The Regulator must comply with a direction given to the Regulator by the responsible Ministers under subsection (1).(4)The Regulator must publish a copy of the direction on the Regulator’s website.(5)The Regulator’s annual report must include—(a)a copy of any directions given to the Regulator in the year to which the report relates; and(b)the action taken by the Regulator to comply with the directions.
147Amendment of s 711 (Evidence by certificate by Regulator generally)Section 711(1)(n)—omit.148Amendment of s 727 (Definitions for Pt 13.4)Section 727(1), definition driver fatigue provision, paragraph (b), ‘BFM accreditation or AFM accreditation’—omit, insert—fatigue alternative compliance accreditation149Insertion of new s 730AAfter section 730—insert—730A National regulations about exemption and authorisation (permits)(1)This section applies to the following—(a)a class 2 heavy vehicle authorisation (permit);(b)a fatigue record keeping exemption (permit);(c)a mass or dimension exemption (permit);(d)a vehicle standards exemption (permit);(e)a work and rest hours exemption (permit);(f)a work diary exemption (permit).
(2)Without limiting any other provision of this Law, the national regulations may provide for the following in relation to a permit to which this section applies—(a)applications for a permit, including making and determining an application;(b)the maximum period for which a permit may be granted;(c)the fees payable, if any, for a permit;(d)the grounds on which a permit must or may be granted;(e)the imposition by the Regulator of conditions on a permit;(f)the form of a permit;(g)the amendment, suspension and cancellation of a permit, including by the permit holder and the Regulator;(h)requirements to keep a copy of a permit;(i)other matters relating to permits.
150Omission of s 751 (Expiry of industry codes of practice)Section 751—omit.151Insertion of new Pt 14.5After Part 14.4—insert—Part 14.5Heavy Vehicle National Law Amendment Act 2025 (Queensland)760Definition for Pt 14.5In this Part—amendment Act means the Heavy Vehicle National Law Amendment Act 2025 (Queensland).761Existing heavy vehicle accreditation(1)An amendment made by the amendment Act does not apply in relation to a heavy vehicle accreditation in force immediately before the commencement of the amendment (an existing heavy vehicle accreditation).(2)This Law, as in force immediately before the commencement of the amendment Act, continues to apply in relation to an existing heavy vehicle accreditation until the accreditation expires or is cancelled.762National Heavy Vehicle Regulator BoardSection 663(2A), as inserted by the amendment Act, does not apply to a person who, on the commencement of the amendment Act, is a member of the Board.152Amendment of Sch 2 (Subject matter for conditions of mass or dimension authorities)Schedule 2, authorising provision, ‘sections 119, 125 and 146’—omit, insert—section 119153Amendment of Sch 3 (Reviewable decisions)(1)Schedule 3, Part 1—omit the following entries—section 68decision of Regulator to grant a vehicle standards exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 71decision of Regulator to impose on a vehicle standards exemption (permit) a condition not sought by the applicant
section 75decision of Regulator not to make a decision sought in an application for amendment or cancellation of a vehicle standards exemption (permit)
section 76decision of Regulator to amend or cancel a vehicle standards exemption (permit)
section 77decision of the Regulator to immediately suspend a vehicle standards exemption (permit)
section 80decision of Regulator not to give a replacement permit for a vehicle standards exemption (permit)
section 122decision of Regulator to grant a mass or dimension exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 125decision of Regulator to impose on a mass or dimension exemption (permit) a condition not sought by the applicant and not a road condition or travel conditions required by a relevant road manager for the exemption
section 143decision of Regulator to grant a class 2 heavy vehicle authorisation (permit) for a period less than the period of not more than 3 years sought by the applicant
section 146decision of Regulator to impose on a class 2 heavy vehicle authorisation (permit) a condition not sought by the applicant and not a road condition or travel condition required by a relevant road manager for the authorisation
section 176decision of Regulator not to make a decision sought in an application for amendment of a mass or dimension authority granted by giving a person a permit
section 177decision of Regulator to amend or cancel a mass or dimension authority granted by giving a person a permit, other than at the request of a relevant road manager
section 179decision of Regulator to immediately suspend a mass or dimension authority granted by giving a person a permit
section 182decision of Regulator not to give a replacement permit for a mass or dimension authority
section 273decision of Regulator to grant a work and rest hours exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 276decision of Regulator to impose on a work and rest hours exemption (permit) a condition not sought by the applicant
section 280decision of Regulator not to make a decision sought in an application for the amendment or cancellation of a work and rest hours exemption (permit)
section 281decision of Regulator to amend or cancel a work and rest hours exemption (permit)
section 282decision of Regulator to immediately suspend a work and rest hours exemption (permit)
section 285decision of Regulator not to give a replacement permit for a work and rest hours exemption (permit)
section 363decision of Regulator to grant a work diary exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 366decision of Regulator to impose on a work diary exemption (permit) a condition not sought by the applicant
section 370decision of Regulator not to make a decision sought in an application for the amendment or cancellation of a work exemption (permit)
section 371decision of Regulator to amend or cancel a work diary exemption (permit)
section 374decision of Regulator not to give a replacement permit for work diary exemption (permit)
section 383decision of Regulator to grant a fatigue record keeping exemption (permit) in a way that does not cover all the drivers sought by the applicant
section 383decision of Regulator to grant a fatigue record keeping exemption (permit) setting conditions different from those sought by the applicant
section 385decision of Regulator to impose a condition on a fatigue record keeping exemption (permit)
section 387decision of Regulator to give a fatigue record keeping exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 388decision of Regulator not to grant a fatigue record keeping exemption (permit)
section 389decision of Regulator not to make a decision sought in an application for amendment or cancellation of a fatigue record keeping exemption (permit)
section 390decision of Regulator to amend or cancel a fatigue record keeping exemption (permit)
section 393decision of Regulator not to give a replacement fatigue record keeping exemption permit
section 458decision of Regulator to grant an AFM accreditation setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant
section 477decision of Regulator not to give a replacement accreditation certificate
(2)Schedule 3, Part 1—insert—section 383decision of Regulator not to grant a fatigue record keeping exemption (permit)
section 458decision of Regulator to grant an alternative compliance accreditation setting particular requirements different to those sought by the applicant
(3)Schedule 3, Part 3, table, entry for section 178—omit.154Amendment of Sch 4 (Liability provisions)(1)Schedule 4, table, entry for sections 79, 85, 87A, 181, 284, 373 and 476—omit.(2)Schedule 4, table, in appropriate order—insert—© State of Queensland 2025