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ARTICLE · 07 SEPTEMBER 2018

Done and dusted: Parliament passes final phase of the chain of responsibility reforms

Cooper Grace Ward
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The HVNL regime imposes a primary duty on businesses in the chain and a due diligence obligation on executive officers.

AustraliaTransport

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.

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