Document ID: chunk:federal_register_of_legislation:F2016C00697:schedule:1:p16
Version: federal_register_of_legislation:F2016C00697
Segment Type: schedule
Provision Reference: sch 1 (pt 16/19)
Character Range: 40092–42743

compliance purposes using a power conferred on the officer by the C & E Act.
 (2) If the officer detains the driver for a period of 5 minutes or longer, the driver may ask the officer to record the following details in the driver's work diary:
 (a) the officer's identifying details; and
 (b) the time, date and place at which the officer stopped the driver; and
 (c) the length of time that the driver was stopped while the officer exercised his or her enforcement powers.
 (3) An officer must comply with a request made under subsection (1).
 (4) An officer may comply with subsection (2)(a) by recording either her or his name, or her or his identification number.
 (5) The regulations may further limit the circumstances in which this section applies.
 (6) In this section, for compliance purposes has the same meaning as it has in section 26 of the C & E Act.
Note: Essentially a power is exercised for compliance purposes if it is used to find out whether laws are being complied with or to investigate breaches or suspected breaches of laws.  Thus this section does not apply if an officer stops a vehicle, for instance, when there is a road block, an accident or a detour.".

40.  Additional function for Fatigue Authorities Panel
  For section 114(3) substitute –
 "(3) The function of the Panel is:
 (a) to consider matters referred to it by any member of the Panel under this Part, or under a corresponding provision of a corresponding fatigue law; and
 (b) to determine any matter that is specified in this Act as a matter that is to be specified by the Panel.".

41.  Insertion of section 114A
  After section 114 insert –
"114A  Approved matters to be published
  The Panel must publish in the Commonwealth Government Gazette details of any matter that it approves in exercising the function conferred on it by section114(3)(b).".

42.  Removal of inaccurate description
  In the heading to section 115, omit "and other Authorities".

43.  Removal of redundant provision
  In section 116(1) –
 (a) in paragraph (c), for "Authority; or" substitute "Authority.";
 (b) omit paragraph (d).

44.  Substitution of sections 124–126
  For sections 124–126 substitute –
"124.  Period of grace for certain drivers
 (1) Despite anything to the contrary in this Act, until xx xxxx 200x [the expiry of 6 months from the commencement of this section]:
 (a) a driver who was registered as a participant in TFMS or a corresponding TFMS may drive at BFM hours; and
 (b) a driver who was subject to a Fatigue Management Scheme exemption under [the old Regulations] may drive at the hours approved in the exemption.
 (2) Subsection (1)(a) does not apply at