Executive officer due diligence under the HVNL — guidance from ASIC

Under the Heavy Vehicle National Law (HVNL), executive officers face strict penalties for conduct that threatens to affect compliance in relation to mass, dimension, load restraint, fatigue or speed laws. Therefore, it is critical that all parties in the supply chain (particularly those 'higher-ups') exercise due diligence to avoid breaches of the HVNL.

Here, we discuss the recently released report published by the Australian Securities and Investments Commission (ASIC) on general due diligence practices and how executive officers should be conducting due diligence to satisfy their Chain of Responsibility (CoR) obligations.

The importance of conducting due diligence to ensure CoR compliance cannot be overstated, particularly in relation to executive officer positions, such as directors and managers.