Heavy Vehicle National Law and Other Legislation Amendment Bill 2016 (Qld)

An Act to amend the Heavy Vehicle National Law Act 2012 and the Transport Operations (Passenger Transport) Act 1994 for particular purposes The Parliament of Queensland enacts—

Chapter 1 Preliminary

1 Short title This Act may be cited as the Heavy Vehicle National Law and Other Legislation Amendment Act 2016 .

2 Commencement Chapters 2 and 3 commence on a day to be fixed by proclamation.

Chapter 2 Responsibility amendments

Part 1 Amendment of Heavy Vehicle National Law Act 2012

3 Act amended This part amends the Heavy Vehicle National Law Act 2012 .

4 Amendment of s 10 (Relevant tribunal or court) Section 10(2)— insert— (d) section 590D.

5 Omission of s 16 (Offences for which the persons charged do not have the benefit of the mistake of fact defence) Section 16— omit.

Part 2 Amendment of Heavy Vehicle National Law

6 Law amended This part amends the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 .

7 Amendment of s 5 (Definitions) (1) Section 5, definitions commercial consignor, loading manager, mistake of fact defence, party in the chain of responsibility and reasonable steps defence— omit. (2) Section 5— insert— business practices, of a person, means the person's practices in running a business associated with the use of a heavy vehicle on a road, including— (a) the operating policies and procedures of the business; and (b) the human resource and contract management arrangements of the business; and (c) the arrangements for preventing or minimising public risks associated with the person's practices. complaint, for an offence, means a complaint, charge, notice or other process that starts a proceeding for the offence. contract includes an agreement. encourage includes give an incentive. false or misleading means false or misleading in a material particular. indictable offence means an offence mentioned in section 26F. information includes— (a) information in the form of a document; and (b) information stored electronically. loading manager, for goods in a heavy vehicle, means— (a) a person who manages, or is responsible for the operation of, regular loading or unloading premises for heavy vehicles where the goods are— (i) loaded onto the heavy vehicle; or (ii) unloaded from the heavy vehicle; or (b) a person who has been assigned by a person mentioned in paragraph (a) as responsible for supervising, managing or controlling, directly or indirectly, activities carried out by a loader or unloader of goods at regular loading or unloading premises for heavy vehicles. management member, of an unincorporated body, means— (a) if the body has a management committee—each member of the management committee; or (b) otherwise—each member who is concerned with, or takes part in, the body's management, whatever name is given to the member's position in the body. party in the chain of responsibility, for a heavy vehicle, means each of the following persons— (a) if the vehicle's driver is an employed driver—an employer of the driver; (b) if the vehicle's driver is a self-employed driver—a prime contractor for the driver; (c) an operator of the vehicle; (d) a scheduler for the vehicle; (e) a consignor of any goods in the vehicle; (f) a consignee of any goods in the vehicle; (g) a packer of any goods in the vehicle; (h) a loading manager for any goods in the vehicle; (i) a loader of any goods in the vehicle; (j) an unloader of any goods in the vehicle. promisee see section 590A. public risk means— (a) a safety risk; or (b) a risk of damage to road infrastructure. reasonably practicable, in relation to a duty, means that which is, or was at a particular time, reasonably able to be done in relation to the duty, weighing up all relevant matters, including— (a) the likelihood of a safety risk, or damage to road infrastructure, happening; and (b) the harm that could result from the risk or damage; and (c) what the person knows, or ought reasonably to know, about the risk or damage; and (d) what the person knows, or ought reasonably to know, about the ways of— (i) removing or minimising the risk; or (ii) preventing or minimising the damage; and (e) the availability and suitability of those ways; and (f) the cost associated with the available ways, including whether the cost is grossly disproportionate to the likelihood of the risk or damage. transport activities means activities, including business practices and making decisions, associated with the use of a heavy vehicle on a road, including, for example— (a) contracting, directing or employing a person— (i) to drive the vehicle; or (ii) to carry out another activity associated with the use of the vehicle (such as maintaining or repairing the vehicle); or (b) consigning goods for transport using the vehicle; or (c) scheduling the transport of goods or passengers using the vehicle; or (d) packing goods for transport using the vehicle; or (e) managing the loading of goods onto or unloading of goods from the vehicle; or (f) loading goods onto or unloading goods from the vehicle; or (g) receiving goods unloaded from the vehicle. unincorporated body includes an unincorporated local government authority, but does not include an unincorporated partnership. (3) Section 5, definition consign and consignor, paragraph (b)— omit, insert— (b) the person engages an operator of the vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or (c) if paragraphs (a) and (b) do not apply—the person has possession of, or control over, the goods immediately before the goods are transported by road. (4) Section 5, definition entity, after 'person'— insert— , an unincorporated partnership (5) Section 5, definition record keeper, ', for the purposes of Chapter 6,'— omit. (6) Section 5, definition regular loading or unloading premises, paragraph 3, note, '(including sections 227, 238, 239 and 261)'— omit.