Document ID: chunk:federal_register_of_legislation:F2016C00528:schedule:1:p2
Version: federal_register_of_legislation:F2016C00528
Segment Type: schedule
Provision Reference: sch 1 (pt 2/4)
Character Range: 6481–9374

by the Australian Transport Council by notice published in the Commonwealth Government Gazette".
 (2) For section 74(4) substitute –
 "(4) In approving a type of electronic work diary, the Authority must have regard to any guidelines in relation to electronic diaries approved by the Australian Transport Council by notice published in the Commonwealth Government Gazette.".
 (3) For section 79(4) substitute –
 "(4) In granting BFM accreditation to the operator of a regulated heavy vehicle, the Authority must have regard:
 (a) to any relevant advice given to it by the Fatigue Authorities Panel; and
 (b) to any guidelines in relation to BFM accreditation issued by the Fatigue Authorities Panel by notice published in the Commonwealth Government Gazette.".
 (4) For section 84(4) substitute –
 "(4) In granting AFM accreditation to the operator of a regulated heavy vehicle, the Authority must have regard:
 (a) to any relevant advice given to it by the Fatigue Authorities Panel; and
 (b) to any guidelines in relation to AFM accreditation issued by the Fatigue Authorities Panel by notice published in the Commonwealth Government Gazette.".
 (5) Omit section 114A.
 (6) In the Dictionary, in the definitions of AFM standards and business rules and BFM standards and business rules, for "specified by the Fatigue Authorities Panel" substitute "approved by the Australian Transport Council by notice published in the Commonwealth Government Gazette".
 (7) In the Dictionary, in the definition of approved sleeper berth, in paragraph (b), for "specified by the Fatigue Authorities Panel" substitute "approved by the Australian Transport Council by notice published in the Commonwealth Government Gazette".
 (8) In the Dictionary, insert after the definition of approved sleeper berth –
"Australian Transport Council―in relation to any particular matter, includes a person who, or a body that, has been authorised by the Australian Transport Council to act as its delegate in relation to that matter.".
 [Drafting note: Most of the amendments made in this section involve provisions that were amended by section 31 of the Model Amendments Act: Heavy Vehicle Driver Fatigue – Package No. 1.]

9.  Work/rest hours exemptions
  For section 91(1) substitute –
 "(1) A work/rest hours exemption is an exemption from complying with any restrictions imposed under this Act in relation to work time or rest time.
 (1A) In granting a work/rest hours exemption, the Authority must specify the work and rest times that are to apply to a person to whom the exemption applies.".

10.  Transitional provision concerning TFMS
  At the end of section 124 insert –
 "[Drafting note: A jurisdiction may also wish to insert into this section a provision requiring employers to continue to comply during the transition period with some or all of the obligations they were under with respect to training courses,