Document ID: chunk:federal_register_of_legislation:F2016C00503:schedule:1:p6
Version: federal_register_of_legislation:F2016C00503
Segment Type: schedule
Provision Reference: sch 1 (pt 6/16)
Character Range: 17021–19751

policies and procedures of the business; and
 (b) the human resource and contract management arrangements of the business; and
 (c) arrangements for managing safety.
 (4) The employer must not cause the driver to drive the vehicle unless –
 (a) the employer has complied with subsection (2); and
 (b) the employer, after making reasonable inquiries, is satisfied that the scheduler has complied with section 20.
Court imposed penalty: $2 000 for a first offence;
                        $5 000 for a second or subsequent offence.
Infringement notice penalty:  $600.
 (5) The prime contractor and operator each must not cause the driver to drive the vehicle unless –
 (a) the prime contractor or operator, as the case may be, has complied with subsection (2); and
 (b) the prime contractor or operator, after making reasonable inquiries, is satisfied that the scheduler has complied with section 20.
Court imposed penalty: $2 000 for a first offence;
                        $5 000 for a second or subsequent offence.
Infringement notice penalty:  $600.
 (6) An offence against subsection (2), (4) or (5) is an offence of absolute liability.

18.  Duty to ensure offences are not committed
 (1) In this section –
speeding offence means an occurrence in which the driver of a vehicle drives the vehicle in excess of any speed limit that applies to the vehicle.
 (2) This section applies to –
 (a) the employer of an employed driver of a vehicle; and
 (b) the prime contractor of a self‑employed driver of a vehicle; and
 (c) the operator of a heavy vehicle if the driver of the vehicle is to make a journey in the vehicle for the operator.
 (3) A person to whom this section applies commits an offence if, at any time that a driver of a vehicle, or a vehicle, is subject to the person's control, the driver commits a speeding offence while driving the vehicle.
For a level 1 offence:
Court imposed penalty: $1 000.
Infringement notice penalty:  $300.

For a level 2 offence:
Court imposed penalty: $2 000 for a first offence;
                        $5 000 for a second or subsequent offence
Infringement notice penalty:  $600.

For a level 3 offence:
Court imposed penalty: $5 000 for a first offence;
                        $10 000 for a second or subsequent offence
Note: Subsection (5) sets out how the relevant level of the offence is to be determined.
 (4) Despite subsection (3), a person is not liable under that subsection if the vehicle was a combination, and neither the driver nor the towing vehicle was subject to the person's control.
 (5) The levels of offence referred to in subsection (3) are to be determined using the following table –

Speed limit at the place where the speeding offence occurred  Type of heavy