Queensland Consolidated Acts

HEAVY VEHICLE NATIONAL LAW ACT 2012 - SECT 22

22 Deciding request for consent generally

(1) This section applies if the commissioner’s consent to the grant of a mass or dimension exemption is required as mentioned in section 20 or 21 .

(2) The Regulator must ask the commissioner for the consent.

(3) The commissioner must decide to give or not to give the consent within 28 days after the request is made.

(4) The commissioner may decide not to give the consent only if the commissioner is satisfied—

(a) the mass or dimension exemption will, or is likely to, adversely affect public safety; and

(b) it is not possible to grant the exemption subject to conditions that will avoid, or significantly minimise, the adverse effects, or likely adverse effects, on public safety.

(5) Also, in deciding whether or not to give the consent, the commissioner must have regard to the approved guidelines for granting mass or dimension exemptions.

(6) If the commissioner decides not to give consent to the grant of the exemption, the commissioner must give the Regulator written reasons for the commissioner’s decision.

(7) A decision of the commissioner not to give consent to the grant of a mass or dimension exemption (permit) is a
"commissioner’s refusal decision" .