Document ID: chunk:federal_register_of_legislation:F2016C00503:schedule:1:p12
Version: federal_register_of_legislation:F2016C00503
Segment Type: schedule
Provision Reference: sch 1 (pt 12/16)
Character Range: 32225–34761

method of taking reasonable steps
  Without limiting the ways in which a person may take all reasonable steps for the purposes of this Act, a person is to be regarded as having taken all reasonable steps to ensure that a specified thing will not cause a driver of a vehicle to exceed any speed limit that applies to the vehicle if she or he –
 (a) identifies and assesses –
 (i) what aspects of the specified thing might cause the driver to exceed a speed limit; and
 (ii) the risks that those aspects might cause the driver to exceed a speed limit; and
 (iii) if there is a substantial risk that an aspect might cause the driver to exceed a speed limit, what she or he can reasonably do to eliminate that risk, or if it is not reasonably possible to eliminate that risk, to minimise that risk; and
 (b) repeats that identification and assessment –
 (i) if anything occurs that may adversely affect, or that indicates that there may be a problem with, the specified thing; and
 (ii) in any event, at least annually; and
 (c) does the things identified under paragraph (a)(ii) as being things that she or he can reasonably do; and
 (b) documents the actions that she or he has taken under paragraphs (a), (b) and (c), and retains that documentation for at least 3 years.

30.  Additional matters concerning taking reasonable steps
 (1) A court may have regard to anything that it considers to be relevant when it is deciding whether things that the person did, or did not do, were reasonable steps, including –
 (a) the nature of the aspect or risk that the person was attempting to, or should have been attempting to, address; and
 (b) the likelihood of a risk eventuating; and
 (c) the degree of harm that would result if a risk did eventuate; and
 (d) if a driver has been speeding – the circumstances of the offence (for example, the risk category that the offence belongs to); and
 (e) the degree to which the person (either personally or through an agent or employee) had the ability to eliminate, prevent or reduce an aspect, or to eliminate a risk or to minimise the likelihood of a risk eventuating; and
 (f) the experience, expertise and knowledge that the person, or the person's agent or employee, had or ought reasonably to have had; and
 (g) the availability and suitability of ways to eliminate, prevent or reduce an aspect, or to eliminate a risk or to minimise the likelihood of a risk eventuating; and
 (h) the cost of eliminating a risk or minimising the likelihood of a risk eventuating.
 (2) Evidence that the person