1Purposes
The main purposes of this Act are—
(a)
to provide for the application of a National Law to regulate the use of heavy vehicles; and
(b)
to make related and consequential amendments to other Acts.
Parliamentary material from legislation.vic.gov.au and the Parliament of Victoria. Links open the official source in a new tab.
Bill homepage (legislation.vic.gov.au)The main purposes of this Act are—
to provide for the application of a National Law to regulate the use of heavy vehicles; and
to make related and consequential amendments to other Acts.
This Act comes into operation on a day or days to be proclaimed.
In this Act—
S. 3(1) def. of Head, Transport for Victoria inserted by No. 49/2019 s. 141(b).
Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;
Heavy Vehicle National Law (Victoria) means the provisions applying in this jurisdiction because of section 4;
magistrate means a magistrate within the meaning of the Magistrates' Court Act 1989;
S. 3(1) def. of member of the force inserted by No. 35/2014 s. 59, repealed by No. 37/2014 s. 10(Sch. item 79.1(b)).
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S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 79.1(a)).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of Roads Corporation repealed by No. 49/2019 s. 141(a).
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Scrutiny of Acts and Regulations Committee means the committee established under section 5(k) of the Parliamentary Committees Act 2003;
S. 3(1) def. of Secretary inserted by No. 49/2019 s. 141(b), amended by No. 25/2025 s. 106(Sch. 1 item 20).
Secretary means the Secretary to the Department of Transport and Planning;
this jurisdiction means Victoria.
Terms used in this Act and also in the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland have the same meanings in this Act as they have in that law.
Part 2—Application of Heavy Vehicle National Law
The Heavy Vehicle National Law, as in force from time to time, set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland—
S. 4(a) amended by No. 49/2019 s. 142.
applies as a law of this jurisdiction; and
as so applying may be referred to as the Heavy Vehicle National Law (Victoria); and
so applies as if it were an Act.
The following Acts of this jurisdiction do not apply to the Heavy Vehicle National Law (Victoria) or to instruments made under that Law—
the Financial Management Act 1994;
the Freedom of Information Act 1982;
S. 5(1)(c) repealed by No. 60/2014 s. 140(Sch. 3 item 26.1).
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the Interpretation of Legislation Act 1984, other than sections 11, 13 and 46A;
the Monetary Units Act 2004;
S. 5(1)(ea) inserted by No. 60/2014 s. 140(Sch. 3 item 26.2).
the Privacy and Data Protection Act 2014;
the Public Administration Act 2004;
the Public Records Act 1973;
the Subordinate Legislation Act 1994 (except as provided by section 6).
S. 5(2) amended by No. 70/2016 s. 52.
However, the Acts referred to in subsection (1)(a), (b), (ea), (f) and (g) apply to a public sector body or a public sector employee exercising a function under the Heavy Vehicle National Law (Victoria).
The Audit Act 1994 does not apply to the Heavy Vehicle National Law (Victoria) or to instruments made under that law, except to the extent that that law and those instruments apply to—
a public sector body and the employees, decisions, actions and records of the public sector body in carrying out a function; or
the Auditor-General in carrying out an audit as required by a national regulation made under section 693(3)(b) of the Heavy Vehicle National Law (Victoria).
For the avoidance of doubt—
subsection (1)(d) does not limit the application of the Interpretation of Legislation Act 1984 to a provision of this Act;
subsection (1)(h) does not limit the application of the Subordinate Legislation Act 1994 to regulations made under section 54 of this Act.
S. 5(4A) inserted by No. 49/2019 s. 194(1).
The following Acts of this jurisdiction do not apply to a relevant authorised officer when the officer is performing a function or exercising a power under the Road Management Act 2004 or the Road Safety Act 1986—
the Audit Act 1994;
the Financial Management Act 1994;
the Freedom of Information Act 1982;
the Monetary Units Act 2004;
the Privacy and Data Protection Act 2014;
the Public Administration Act 2004;
the Public Records Act 1973.
In this section—
public sector body has the same meaning as in the Public Administration Act 2004;
S. 5(5) def. of public sector employee amended by No. 49/2019 s. 194(2)(a).
public sector employee has the same meaning as in the Public Administration Act 2004;
S. 5(5) def. of relevant authorised officer inserted by No. 49/2019 s. 194(2)(b).
relevant authorised officer means a member of staff of the Regulator who is—
an authorised officer within the meaning of the Road Management Act 2004; or
an authorised officer for the purposes of section 13, 16, 74 or Part 9 of the Road Safety Act 1986; or
authorised for the purposes of section 53 or 59 of the Road Safety Act 1986.
Section 15(1) and Part 5 (except sections 21(1)(ga) and (j)) of the Subordinate Legislation Act 1994 apply to a national regulation as if—
the national regulation were a statutory rule within the meaning of that Act; and
S. 6(1)(b) amended by No. 74/2013 s. 20.
a reference in section 15(1) or 23(2)(a)(ii) of that Act to the publication of notice of the making of the statutory rule in the Government Gazette under section 17(2) of that Act were a reference to the later of—
the publication of the national regulation under section 733 of the Heavy Vehicle National Law (Victoria);
the day this section comes into operation.
Note
Section 15(1) of the Subordinate Legislation Act 1994 requires that a statutory rule be laid before each House of Parliament. Part 5 of that Act provides for the suspension or disallowance of statutory rules in certain circumstances.
If a national regulation is disallowed in whole or in part under the Subordinate Legislation Act 1994, then despite anything to the contrary in that Act, the disallowed regulation does not, or the disallowed part does not, cease to have effect in this jurisdiction unless the disallowed regulation, or disallowed part, is disallowed in a majority of the participating jurisdictions.
In such a case, the disallowed regulation, or disallowed part, ceases to have effect on the date that regulation or part is disallowed in the last of the participating jurisdictions forming the majority of participating jurisdictions.
Chapter 6 of the Heavy Vehicle National Law (Victoria) does not apply to a person in the course of carrying out his or her duties as—
a driver for a rail replacement bus service who is responding to a rail disruption; or
S. 7(1)(b) amended by No. 7/2019 s. 40(a).
a driver for a bus service who is responding to an emergency; or
S. 7(1)(c) inserted by No. 7/2019 s. 40(b).
the record keeper for a driver referred to in paragraph (a) or (b).
In this section—
bus service has the same meaning as in the Bus Safety Act 2009;
emergency means an event, or an anticipated event, that—
endangers, or may endanger life, property or the environment; or
has disrupted, or may disrupt, communications, energy, water supply or sewerage services; or
is declared to be an emergency or disaster by—
the Commonwealth or a State or Territory; or
a Commonwealth, State or Territory authority responsible for managing responses to emergencies or disasters;
rail disruption means the unplanned disruption of a rail service that is sufficiently serious to require the provision of a rail replacement bus service;
rail replacement bus service means a bus service (operated by an accredited bus operator within the meaning of the Bus Safety Act 2009) which carries passengers of a disrupted rail service;
rail service means a train service or a tram service.
Section 556 of the Heavy Vehicle National Law (Victoria) applies as if after section 556(4) there were inserted—
"(4A) If the relevant tribunal or court is not satisfied as set out in subsection (4), it may—
make an order for the return of the thing or sample to the person from whom it was seized or to the owner if that person is not entitled to possess it; or
make an order that the thing or sample be forfeited to the State and—
destroyed in accordance with the order; or
sold in accordance with the order and the proceeds of the sale paid into the Consolidated Fund.
An order made under subsection (4A)(b) cannot take effect before the end of any applicable appeal period or the determination of any appeal made within that period.".
Section 613(1) of the Heavy Vehicle National Law (Victoria) applies as if a reference in that section to 28 days were a reference to 60 days.
S. 9A inserted by No. 49/2019 s. 195, substituted by No. 41/2020 s. 6.
Section 658 of the Heavy Vehicle National Law (Victoria) applies as if after section 658(2) there were inserted—
"(3) In addition, without limiting subsection (1), the Regulator may exercise the powers conferred on the Regulator under the Road Safety Act 1986.".
Section 659 of the Heavy Vehicle National Law (Victoria) applies as if after section 659(2)(n) there were inserted—
"(o) to make available members of staff of the Regulator to be—
authorised officers within the meaning of the Road Management Act 2004; or
authorised officers for the purposes of section 13, 16 or 74 or Part 9 of the Road Safety Act 1986; or
authorised for the purposes of section 53, 59 or 77 of the Road Safety Act 1986; or
authorised by or under a prescribed Act to perform functions or exercise powers under that Act;
any other functions conferred on the Regulator under the Road Safety Act 1986.".
Part 3—Meaning of terms for Heavy Vehicle National Law (Victoria)
In the Heavy Vehicle National Law (Victoria)—
S. 10 def. of Roads Corporation repealed by No. 49/2019 s. 143.
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this jurisdiction means Victoria.
A magistrate is declared to be an authorised warrant official for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria).
Note
See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of authorised warrant official.
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