Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_35
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 35
Character Range: 50540–52353

35  Certain contracts etc prohibited
 (1) A person must not enter into a contract or agreement with a driver or with a party in the chain of responsibility that the person knows, or reasonably ought to know, would have the effect of causing or permitting a driver to:
 (a) drive while impaired by fatigue; or
 (b) drive while in breach of his or her work/rest hours option; or
 (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of his or her work/rest hours option.

Penalty: the penalty for a critical risk offence.
Note 1: Section 27 explains what impaired by fatigue means.
Note 2: Section 36 explains what a work/rest hours option is.
Note 3: Section 106 explains how an offence is specified as a critical risk offence. Section 110 sets out the penalties for critical risk offences.
 (2) A person must not enter into a contract or agreement with a driver or with a party in the chain of responsibility that the person knows, or reasonably ought to know, would encourage or provide an incentive for a party in the chain of responsibility to cause or permit a driver to:
 (a) drive while impaired by fatigue; or
 (b) drive while in breach of his or her work/rest hours option; or
 (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of his or her work/rest hours option.

Penalty: the penalty for a critical risk offence.
Note 1: Section 27 explains what impaired by fatigue means.
Note 2: Section 36 explains what a work/rest hours option is.
Note 3: Section 106 explains how an offence is specified as a critical risk offence. Section 110 sets out the penalties for critical risk offences.

Part 3—Duties relating to work and rest times

Division 3.1—Key concepts for this Part

Subdivision 3.1.1—Work and rest time