Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_107:p2
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 107 (pt 2/2)
Character Range: 184222–186044

an authorised officer or police officer under the C & E Act.
 (3) In the case of a severe risk or critical risk offence, the authorised officer or police officer may allow the driver to delay complying with a direction under subsection (2)(b)(i) or (iii), for a period of up to 1 hour, if the officer reasonably believes that:
 (a) there is no suitable rest place nearby, and it would be reasonably safe to allow the driver to continue to drive for that period; or
 (b) it is necessary for the driver to be given time to attend to, or to secure, the load on the vehicle, before taking rest.
 (4) For the purposes of section 175 of the C & E Act, a direction made by an authorised officer or police officer under this section is taken to be prescribed as an administrative action.
Note: Section 175 of the C & E Act provides for mutual recognition of prescribed administrative actions, such as directions given by enforcement officers.
Example: If an enforcement officer from one jurisdiction gives a direction to a driver not to work for a specified period of time under this section, that direction continues to have effect even if the driver passes into another jurisdiction.
      Drafting note: Special provisions recognising this particular enforcement power may need to be drafted to give effect to this provision in non‑participating jurisdictions.
 (5) A provision of the C & E Act that applies to the way in which a power may be exercised by an authorised officer or police officer applies in relation to this section, unless the provision is only able to be applied in relation to a breach of a mass, dimension or load restraint requirement under the C & E Act.
Example: Section 185 of the C & E Act provides for the amendment or revocation of directions or conditions by an authorised officer or police officer.