Document ID: chunk:federal_register_of_legislation:F2016C00697:schedule:1:p17
Version: federal_register_of_legislation:F2016C00697
Segment Type: schedule
Provision Reference: sch 1 (pt 17/19)
Character Range: 42507–45275

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 any time that the driver is in breach of any condition or requirement of the TFMS or a corresponding TFMS, as the case may be.
 (3) Subsection (1)(b) does not apply at any time that the driver is in breach of any condition or requirement of the Fatigue Management Scheme exemption, or if the exemption is cancelled.
 (4) For the purposes of this section, a driver is not in breach of any condition or requirement referred to in subsection (2) or (3) if, instead of recording any entry she or he was required to record in a logbook, she or he records the entry in a work diary issued under this Act.
 (5) For the purposes of this section, if a driver's employer has yet to obtain BFM accreditation, it is sufficient compliance with any requirement of this Act to record a BFM accreditation number if the employer's TFMS or FMS exemption (as the case may be) registration number is recorded instead.".

45.  Existing exemptions continue
 (1) In section 130(2), after "this Act" insert "if it could have been made under this Act".
 (2) In section 130(3), for "The" substitute "Unless cancelled sooner under sub‑section (4), the".
 (3) After section 130(3) insert –
 "(4) The Authority may cancel an exemption to which this section applies:
 (a) in the case of an exemption granted to an individual, by giving the person holding the exemption a written notice stating that it has cancelled the exemption; or
 (b) in any other case, by publishing a notice in the Gazette stating that it the exemption is cancelled.".

46.  Definitions
  In the Dictionary –
 (a) in the definition of AFM outer limits, for "section 84(10)" substitute "section 52A(1)"";
 (b) after the definition of penalty insert –
"people—includes a person who is a body corporate or a body politic.";
 (c) in the definition of record location, for "section 55(2)" substitute "section 55(5)".

Endnotes

Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history

Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information