Document ID: chunk:federal_register_of_legislation:F2016C00697:schedule:1:p8
Version: federal_register_of_legislation:F2016C00697
Segment Type: schedule
Provision Reference: sch 1 (pt 8/19)
Character Range: 20392–23063

avoid" substitute "in order to avoid".

19.  Standardisation of phrase concerning causation
 (1) In sections 30(3), 30(4), 31(2), 31(3), 32(3), 32(4) and 35(2), omit "or permit".
 (2) In sections 34 and 35(1), omit "or permitting".

20.  Additional duty on consignors and consignees
 (1) After section 32(4) insert –
 "(4A) The consignor and consignee each must not make a demand that affects, or that may affect, a time in a schedule for the transport of the consigned goods and that may cause the driver to:
 (a) drive while impaired by fatigue; or
 (b) drive while in breach of his or her work/rest hours option; or
 (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of his or her work/rest hours option.
             Penalty: the penalty for a severe risk offence.
Note 1: Section 23 explains what reasonable steps are.
Note 2: Section 26 explains what impaired by fatigue means.
Note 3: Section 35 explains what a work/rest hours option is.
Note 4: Section 106 explains how an offence is specified as a severe risk offence. Section 110 sets out the penalties for severe risk offences.
 (4B) Subsection (4A) does not apply if the consignor or consignee, before making the demand:
 (a) has complied with subsections (2) and (3); and
 (b) is satisfied, after making reasonable inquiries, that the making of the demand will not cause a person to fail to comply with section 31 ("Duties on schedulers").".
 (2) In section 32(5), for "or (4)" substitute ", (4) or (4A)".

21.  Duties on loading managers
 (1) Omit section 33(1).
 (2) In section 33(2), for "The loading manager must take all reasonable steps to ensure that the arrangements for loading and unloading the vehicles will not cause, or contribute to causing," substitute "A loading manager must take all reasonable steps to ensure that the arrangements for loading and unloading regulated heavy vehicles at the premises in respect of which she or he is the loading manager will not cause".
 (3) For sections 33(3)(a) and 33(3)(b) substitute –
 "(a) has advised the driver, either directly or indirectly, of when the loading or unloading of the vehicle is to finish, and the loading manager or person becomes aware that the loading or unloading will, or is likely to, finish more than 30 minutes late; or
 (b) is unable to advise the driver of when the loading or unloading of the vehicle is to finish;".
 (4) In the last subsection in section 33, for "(2)  An" substitute "(4)  An".

22.  Clarification of meaning of "driving" in relation to work time
  After section 37(2) insert –
 "(3) For paragraph (1)(a), driving includes:
 (a) being in the driver's seat of