Heavy Vehicle National Law Act 2012

This Act may be cited as the Heavy Vehicle National Law Act 2012.

This Act commences on a day to be fixed by proclamation.

However, if no day has been fixed by 1 July 2018, the Act commences on that day.

The Acts Interpretation Act 1954, section 15DA does not apply to this Act.

The following provisions of the Heavy Vehicle National Law (Queensland), as at the commencement of section 12 of the HVNL Amendment Act, commence on the day that section commences—

Parts 1.1 to 1.3;

Chapter 12;

sections 705 and 707;

Parts 13.4 to 13.6;

Part 14.1;

section 755;

Schedule 1.

The remaining provisions of the Heavy Vehicle National Law (Queensland), as at the commencement of section 12 of the HVNL Amendment Act, commence on a day to be fixed by proclamation.

This section applies despite section 2(1) but does not limit the application of section 2(2) to the provisions of the Heavy Vehicle National Law (Queensland).

In this section—

HVNL Amendment Act means the Heavy Vehicle National Law Amendment Act 2013.

Note—

Section 12 of the HVNL Amendment Act replaces the Schedule.

For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Heavy Vehicle National Law set out in the Schedule.

In the local application provisions of this Act—

Heavy Vehicle National Law (Queensland) means the provisions applying in this jurisdiction because of section 4.

National Law, for part 4A, see section 42B.

the Law means the Heavy Vehicle National Law (Queensland).

TORUM means the Transport Operations (Road Use Management) Act 1995.

transport Act see TORUM, schedule 4.

Terms used in the local application provisions of this Act and also in the Heavy Vehicle National Law set out in the Schedule have the same meanings in those provisions as they have in that Law.

The Heavy Vehicle National Law set out in the Schedule—

applies as a law of this jurisdiction, as modified by parts 4 and 4A; and

as so applying, may be referred to as the Heavy Vehicle National Law (Queensland); and

so applies as if it were part of this Act.

The following Acts of this jurisdiction do not apply to the Heavy Vehicle National Law (Queensland) or to the instruments made under that Law, other than to the extent provided for in subsections (3) to (6) or section 17—

the Acts Interpretation Act 1954;

the Auditor-General Act 2009;

the Financial Accountability Act 2009;

the Information Privacy Act 2009;

the Public Records Act 2023;

the Public Sector Ethics Act 1994;

the Public Sector Act 2022;

the Right to Information Act 2009;

the Statutory Bodies Financial Arrangements Act 1982;

the Statutory Instruments Act 1992.

Also, the Legislative Standards Act 1992 does not apply to a regulation made under the Heavy Vehicle National Law (Queensland), other than to the extent provided for in section 17.

The Acts Interpretation Act 1954, section 20C applies to the Heavy Vehicle National Law (Queensland) and instruments made under that Law.

The Auditor-General Act 2009 applies to the extent provided for in the national regulations under the Heavy Vehicle National Law.

Note—

See the Heavy Vehicle National Law, sections 693 and 730.

The Acts mentioned subsection (1)(d), (e) and (h) apply to the Heavy Vehicle National Law (Queensland), and to the instruments made under that Law, in the way provided by section 696 of the Law.

The Acts mentioned in subsection (1)(b) to (i) apply to an entity of the State exercising functions under the Heavy Vehicle National Law (Queensland).

To remove any doubt, it is declared that—

subsection (1)(a) does not limit the application of the Acts Interpretation Act 1954 to the local application provisions of this Act; and

Example—

The terms ‘magistrate’ in section 14 and ‘QCAT’ in sections 10 and 36 take their meaning from the Acts Interpretation Act 1954, schedule 1.

subsection (1)(j) does not limit the application of the Statutory Instruments Act 1992 to a regulation made under the local application provisions of this Act.

This division defines particular terms, and makes particular declarations, for the purposes of the Heavy Vehicle National Law (Queensland).

In the Heavy Vehicle National Law (Queensland)—

Magistrates Court...

police officer means a police officer within the meaning of the Police Service Administration Act 1990.

this jurisdiction means Queensland.

For the purposes of the Heavy Vehicle National Law (Queensland)—

the State Penalties Enforcement Act 1999 is declared to be the Infringement Notice Offences Law for this jurisdiction; and

the Work Health and Safety Act 2011 is declared to be the primary WHS Law for this jurisdiction; and

the Transport Operations (Road Use Management—Road Rules) Regulation 2009 is declared to be the Road Rules for this jurisdiction.

An offence against the Heavy Vehicle National Law (Queensland) prescribed under a regulation under the State Penalties Enforcement Act 1999 as an infringement notice offence is an offence prescribed by a law of this jurisdiction for the purposes of section 591 of the Heavy Vehicle National Law (Queensland).

The Transport Operations (Road Use Management) Act 1995 is specified for section 727(1), definition relevant law of the Heavy Vehicle National Law (Queensland).

Each of the following is declared to be a local government authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland)—

the Brisbane City Council;

a local government under the Local Government Act 2009.

Subject to subsections (2) and (3), QCAT is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland).

A Magistrates Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the following provisions of the Heavy Vehicle National Law (Queensland)—

section 556;

section 560;

section 565;

section 590D.

The reference to a relevant tribunal or court in section 727(1), definition protected information, paragraph (b)(iii) is a reference to any tribunal or court.