NHVR Notice to Produce

Received a Notice to Produce from the NHVR?

Eric can review the notice, explain exactly what you are required to provide and help you prepare a considered response before the deadline.

Call Eric 0401 937 269 Send Eric the Notice

What Is an NHVR Notice to Produce?

A Notice to Produce is a statutory notice issued under the Heavy Vehicle National Law (HVNL). It requires you or your business to give an NHVR authorised officer specific documents or information by a set date.

Issued under
s 569, 570 or 570A HVNL
Deadline
Set in the notice
If ignored
An offence in its own right

Complying properly does not mean sending everything you have.

These notices are a standard part of most NHVR investigations and must be taken seriously. What you provide, how it is organised and what is withheld on proper grounds can all affect how the investigation develops.

If your notice has a deadline, call Eric today.

0401 937 269

Request a Confidential Consultation

    The notice or other documents. PDF, photo or Word, up to 10MB.

    What the NHVR May Be Looking At

    What Can Happen After a Notice to Produce?

    A Notice to Produce does not mean you will be charged. The NHVR says its investigations are evidence-based, and that the subject of an investigation will have an opportunity to be heard before any adverse findings or action. Depending on the evidence, possible outcomes include:

    Investigation powers

    Investigators may also attend your business premises for monitoring or investigation purposes, with or without consent, and ask for reasonable help. If that happens, call Eric straight away.

    Read more about NHVR investigations

    Before You Respond: Four Things to Get Right

    1. Understand exactly what is being asked.

      Check the deadline, which section of the HVNL the notice relies on and the precise documents or information requested. Scope matters.

    2. Provide what is required, not more.

      The NHVR’s own guidance says that supplying extensive information that was not requested is not genuine cooperation. A focused, accurate response serves you better than a data dump.

    3. Handle privilege correctly.

      Section 735A of the HVNL allows you to claim legal professional privilege, but the NHVR will not accept blanket claims. Each claim must be properly described and justified, and privilege can be lost if the substance of legal advice is disclosed to the NHVR or shared with others.

    4. Consider everyone who may be exposed.

      NHVR investigations prioritise parties in the Chain of Responsibility. The company, its executives, managers, schedulers and drivers may have different interests, and some may need separate advice.

    Each of these involves judgement calls that are hard to reverse once documents are sent. That is where early advice makes the difference.

    How Eric Helps

    Clear advice from the moment you receive the notice, through the investigation and, if necessary, court proceedings.

    1. Send Eric the notice

      Email it, upload it through the form or call and talk it through.

    2. Eric reviews it personally

      He identifies the deadline, the scope of the request, any privilege issues and who in the business may be exposed.

    3. You get a clear plan

      What must be produced, how to present it, what may be withheld on proper grounds and whether anyone needs separate advice.

    4. Eric deals with the NHVR

      Where appropriate, he communicates with the investigator on your behalf and stays with the matter through the investigation and, if needed, in court.

    Acting for Transport Businesses

    Eric acts for transport operators and their directors, often in the same matter. He works with your compliance, safety and HR people, coordinates the response across multiple drivers, vehicles or entities, and briefs experienced counsel where a matter calls for it.

    Heavy vehicle and regulatory defence is the core of the practice, including:

    Legal help for transport businesses
    Heavy vehicle and transport business legal representation

    Recent Result

    Failure to Comply With Notice — Sutherland Local Court

    Maximum penalty $41,250.
    Result: $1,000 fine plus costs.

    Case outcomes depend on the individual facts and circumstances of each matter. Past results do not guarantee or predict future outcomes.

    See Results for Transport Operators →

    Latest Articles

    Practical guides from Eric Navea, written for transport businesses and drivers.

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    Notice to Produce FAQs

    What is an NHVR Notice to Produce?

    It is a statutory notice issued by an NHVR authorised officer under section 569, 570 or 570A of the Heavy Vehicle National Law. It requires you or your business to provide specified documents or information, usually as part of an investigation.

    Do I have to comply with a Notice to Produce?

    Failing to comply with a statutory notice is an offence, so it must not be ignored. Complying properly means providing what the notice actually requires, by the deadline, with any privilege claims properly made. Get advice before you send anything.

    Does a Notice to Produce mean I will be charged?

    No. Possible outcomes range from no further action, education or a formal warning to an improvement or prohibition notice, or referral for prosecution. The NHVR says the subject of an investigation will have an opportunity to be heard before any adverse findings are made.

    Will getting a lawyer make me look uncooperative?

    No. The NHVR’s own cooperation guidance lists seeking independent legal advice as one of the ways to cooperate with an investigation. Cooperation does not guarantee a particular outcome, but a well-prepared response helps.

    Can I claim legal professional privilege over some documents?

    Possibly. Section 735A of the HVNL allows privilege to be claimed over information that would otherwise have to be produced. The NHVR will not accept blanket claims: each communication must be described and the basis for the claim explained. Privilege can also be lost if the substance of legal advice is disclosed to the NHVR or shared with others.

    Can the NHVR investigate both the company and its directors?

    Yes. NHVR investigations prioritise parties in the Chain of Responsibility, and executives have their own due diligence duty. The company, its officers and its employees may have different interests, and some may need separate advice.

    Can NHVR investigators come to our premises?

    Yes. Investigators may enter business premises for monitoring or investigation purposes, with or without consent, and may ask for reasonable help. If investigators attend, call Eric straight away on 0401 937 269.

    We have already responded. Is it too late to get advice?

    No. Eric can review what has already been provided, assess where things stand and advise on the next step, including any further requests or interviews.

    How much does it cost?

    It depends on the notice and whether the matter goes further. Once Eric has seen the notice, he will explain the likely scope of work and costs before you commit.

    Related Heavy Vehicle Matters

    Speak With Eric
    About Your Notice to Produce

    Send through the notice. Eric will review it, confirm the deadline and explain what needs to be provided before you respond.

    Request a Confidential Consultation

      The notice or other documents. PDF, photo or Word, up to 10MB.

      This page is general information only and does not replace legal advice about your specific matter. It was last reviewed in October 2026. The NHVR may update the law, penalties and policies from time to time, so check the NHVR's official publications at nhvr.gov.au.