Document ID: chunk:federal_register_of_legislation:F2016C00582:clause:1_75b:p4
Version: federal_register_of_legislation:F2016C00582
Segment Type: clause
Provision Reference: sch 1 cl 75B (pt 4/6)
Character Range: 32404–35281

to be:
 (a) an accreditation or exemption under this Act; or
 (b) a copy of an accreditation or exemption under this Act; or
 (c) a document of the sort required by section 80A(1)(b) or 86(1)(b).
Court‑imposed penalty: $6 000.".
 (3) In section 103(3), for "subsections (1) or (2)" substitute "subsection (1), (1A) or (2)".

30.  Enforcement powers
 (1) For section 107(1) substitute –
 "(1) This section applies if an authorised officer or police officer reasonably believes:
 (a) that a driver has committed an offence against section 28 (Driver's duty to avoid driver fatigue) or Part 3 (Duties relating to work and rest times); and
 (b) either:
 (i) that the driver is impaired by fatigue that may have been caused by the occurrence of the offence; or
 (ii) that the commission of the offence occurred sufficiently recently that there is a risk that the driver may be impaired by fatigue.".
 (2) In section 107(2), for "time" (wherever occurring) substitute "break".

31.  Duty on officers to annotate driver's work diary
  After section 109(4) substitute –
 "(4A) If more than one driver has been stopped at a place, and the drivers are spoken to by an officer in the order in which they were stopped, the counting of time for the purposes of subsection (2) only starts once the officer begins to speak to the driver for the purpose of pursuing any matter in respect of which the driver was stopped.".

32.  Fatigue Authorities Panel
  Omit section 114.

33.  Definitions
  In the Dictionary –
 (a) in the definition of base, for "55(1)" substitute "55";
 (b) in the definition of electronic work diary, for "55(5)" substitute "56(5)";
 (c) for the definition of Fatigue Authorities Panel substitute –
"Fatigue Authorities Panel means the Panel established by the Fatigue Authorities Panel Rules made by the National Transport Commission, and approved by the ATC on xx xxx 2008, as amended from time to time.".

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 includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent)