The Heavy Vehicle National Law and Other Legislation Amendment Bill 2018 (the Bill) was introduced into Queensland Parliament yesterday to amend the Heavy Vehicle National Law Act 2012 (Qld) (the Act). A copy of the Bill can be found here.
The HVNL is national scheme legislation that, once commenced in Queensland, will apply in all participating states and territories. All states and territories in Australia except for Western Australia and the Northern Territory have adopted the Act.
The Bill amends the HVNL to create a positive due diligence obligation on executive officers that will apply to all safety related offences. The Minister said the reason for introducing these positive obligations on executive officers was to bring the HVNL more into line with the provisions of the model WHS Act by, amongst other things:
- focusing on executive officers in safety related matters; and
- encouraging a more proactive approach to addressing heavy vehicle safety risks.
This of course overlooks the fact that the definition of ‘executive officer’ under the HVNL is broader than ‘officer’ under the WHS Act, and includes any person who is concerned with or takes part in the management of the business.
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