The Heavy Vehicle National Law Amendment Bill 2018 was passed yesterday afternoon. The amendments will significantly enlarge the investigative and enforcement powers of authorised officers under the Heavy Vehicle National Law. The amendments are set to commence on 1 October 2018, alongside the new 'primary duty' and executive 'due diligence' obligation.
The new 'chain of responsibility' regime consists of three separate pieces of amending legislation.
PHASE 1 – INTRODUCING THE NEW REGIME
In December 2016, Parliament passed amendments to the Heavy Vehicle National Law to introduce a new regime that imposes a 'primary duty' on all businesses in the 'chain of responsibility' and a 'due diligence' obligation on all executive officers to ensure their businesses comply with the primary duty. The amendments are set to commence on 1 October 2018.
PHASE 2 – EXTENDING THE EXECUTIVE 'DUE DILIGENCE' OBLIGATION'
In June 2018, Parliament passed further amendments to the Heavy Vehicle National Law. These further amendments extend the 'due diligence' obligation by requiring executive officers of businesses in the chain of responsibility to exercise due diligence to ensure their businesses comply with all major safety related duties in the Heavy Vehicle National Law. These amendments are also set to commence on 1 October 2018, alongside Phase 1.
PHASE 3 – ENLARGING INVESTIGATIVE AND ENFORCEMENT POWERS
Yesterday, Parliament passed amendments to enlarge the investigative and enforcement powers of authorised officers under the Heavy Vehicle National Law. Some of the more significant amendments are set out here. These amendments are set to commence on 1 October 2018, alongside Phases 1 and 2.
COUNTDOWN TO 1 OCTOBER 2018
There are now less than four weeks remaining until the new 'chain of responsibility' regime comes into effect. We are running a one hour webinar on 25 September to help road transport operators and other parties in the supply chain with their last minute preparations. The webinar is designed to assist those who need a general overview of their new obligations or a final 'refresher' before 1 October. All the details are here.
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This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.