Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_114
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 114
Character Range: 193242–195659

114  Fatigue Authorities Panel
 (1) In this Act, a reference to the Fatigue Authorities Panel (the Panel) is a reference to a body constituted and operating in accordance with this section or a corresponding provision of a corresponding fatigue law.
 (2) The Panel must consist of these members:
 (a) the Authority; and
 (b) the corresponding Authorities of each other participating jurisdiction; and
 (c) the Department of the Commonwealth that deals with road transport, unless that Department has indicated in writing that it does not wish to be a member.
 (3) The function of the Panel is to consider matters referred to it by any member of the Panel under this Part or a corresponding provision of a corresponding fatigue law.
 (4) The Panel may hold a meeting to consider or decide those matters.
 (5) The Panel may only decide a matter at a meeting if a majority of its members are participating in the meeting either:
 (a) as described in subsection (6); or
 (b) by casting a written vote as permitted by subsection (8).
 (6) A member of the Panel may participate in a meeting:
 (a) by attending the meeting in person; or
 (b) by another means of communication, including for example, by phone or internet conferencing.
 (7) Each member of the Panel may cast 1 vote on a matter to be decided by the Panel.
 (8) A member may cast his or her vote by a written vote received by the Panel:
 (a) before a decision is taken on the matter at a meeting; or
 (b) at that meeting.
 (9) The decision of the Panel on a matter is to be the majority of votes on the matter.
 (10) However, if a vote is tied, the question being voted on fails.
 (11) The Panel may invite a person to a meeting to advise, inform, or make a submission to, the Panel.
 (12) The following persons may attend a meeting of the Panel to observe, or make a submission to, the Panel:
 (a) an authority of a non‑participating jurisdiction that performs functions and exercises powers under a law of that jurisdiction about heavy vehicle driver fatigue; and
 (b) the National Transport Commission; and
 (c) any other authority or agency agreed to or invited by the Panel.
 (13) The regulations may make further provision about:
 (a) the functions and procedures of the Panel; and
 (b) determining what is, or is not, to be treated as a corresponding provision of a corresponding fatigue law.

Division 7.3—Referral and mutual recognition of decisions