Heavy Vehicle National Law Application Act 2013

This page provides general information and shouldn't be considered legal advice. Seek legal advice if you're unsure about your legal rights. Be aware that the law can change.

On this page, we refer to the National Heavy Vehicle Regulator as the 'Regulator', who is the statutory authority established to administer the HVNL.

Cases we can hear

VCAT can hear applications under section 565 of the HVNL by the owner of a thing or sample, or by a person who has a registered interest in the thing or sample:

• for ownership of the thing or sample to be transferred to the applicant. 
• for the thing or sample to be sold and the Regulator to pay the applicant an amount proportionate with the value of their respective interest, if the applicant had a registered interest in the thing or sample immediately before it became the property of the Regulator.

VCAT can hear applications relating to appeals under Chapter 11 of the HVNL including:

• appeals made under section 647 of the HVNL against a review decision (the decision made on an application for internal review under section 641 of the HVNL)
• applications for stay of the reviewable decision under section 642 of the HNVL pending an internal review
• applications for stay of the review decision under 648 of the HVNL pending outcome of an appeal. 

Legislation that gives VCAT the power to hear these applications

Sections 565, 642, 647 and 648 of the Heavy Vehicle National Law and sections 15 and 26 of the Heavy Vehicle National Law Application Act 2013 which declares VCAT as the relevant tribunal for this jurisdiction. 

Documents you need to apply

If you have a document from the Regulator, use it to help you complete the VCAT application form and attach a copy of the document to your application.

Time limits

You must ask permission from VCAT to apply under section 565 of the HVNL, if it has been six months since the thing or sample became the property of the Regulator. 

You must appeal under section 647 of the HVNL within 28 days of:

• the notice of the review decision (review notice) was given to the person, or
• if the reviewer confirmed the decision under section 646(3) of the HVNL, when the period mentioned in that section ends. 

If you apply outside of the time limit, VCAT may extend the time for making an application. You must ask for an extension of time by indicating this on the ‘extension of time’ question of the application form and briefly explaining why your application was late.

What can VCAT order?

Upon an application under section 565, VCAT may make an order:

• declaring the nature, extent and value of the applicant's registered interest
• directing the Regulator to transfer ownership to the applicant, or pay the applicant the value of the applicant’s registered interest in the thing or sample. 

Upon appeal of a review decision, VCAT must make one of the following orders:

• confirm the review decision
• set aside the review decision and substitute another decision that it considers appropriate
• set aside the review decision and return the issue to the person who made the reviewable decision with directions that VCAT considers appropriate. 

Apply

We can explain the application process and what the form is asking you for. Contact us to get support.

We can't give you legal advice. This means we can't tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you're unsure about your options or need advice about your claim.

Do I need a lawyer or professional representative?

You don't need to have legal or other professional representation to appear at VCAT. If you want to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.

Be aware that the regulatory body in most cases uses legal representation.

Find legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.