Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_111
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 111
Character Range: 190614–192136

111  Provisions relating to first offences and second or subsequent offences
 (1) This section determines whether, under section 110, an offence is:
 (a) a first offence; or
 (b) a second or subsequent offence.
 (2) A person is found guilty of a second or subsequent offence if, and only if, the occasion when the second or subsequent offence occurred:
 (a) was different from the occasion when the first offence for which the person was found guilty occurred; and
 (b) was within 3 years, or another period prescribed by the regulations, of the occasion of the first offence.
 (3) The order in which the offences were committed is irrelevant.
 (4) It is also irrelevant whether the offences were of the same risk category or of different risk categories.
 (5) If the court is satisfied that a person is guilty of an offence but can not work out (from the information available to the court) whether the offence is a first offence for which the person was found guilty, the court may only impose a penalty for the offence as if it were a first offence.
 (6) When determining whether a person has previously been found guilty of an offence under this Act, the court must have regard to a finding of guilt for an offence committed under corresponding provisions of a corresponding fatigue law.
 (7) The regulations may make further provision about determining what is, or is not, to be treated as a corresponding provision of a corresponding fatigue law.

Part 7—Decision‑making provisions

Division 7.1—What is a decision