Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_40
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 54188–56279

40  Counting time, including work and rest time
 (1) A period of work time of less than 15 minutes counts as 15 minutes work time.
Examples
• A period of working for 14 minutes counts as 15 minutes work time.
• A period of working for 17 minutes counts as 30 minutes work time.
• A period of working for 53 minutes counts as 1 hour work time.
 (2) A period of rest time is counted in blocks of time of no less than 15 minutes.
Examples
• A period of not working for only 14 minutes does not count as rest time (because 14 minutes is less than 15 minutes).
• A period of not working for 17 minutes counts as 15 minutes rest time (because 17 minutes is more than 15 minutes, but is less than 2 lots of 15 minutes i.e. 30 minutes).
• A period of not working for 53 minutes counts as 45 minutes rest time (because 53 minutes is more than 3 lots of 15 minutes i.e. 45 minutes, but is less than 4 lots of 15 minutes i.e. 60 minutes).
 (3) When counting time in a period, the time must not be counted from within rest time, but instead must be counted forward from the end of a major rest break.
Example: A driver completes a 7 hour continuous rest break at 7 am. If the driver is subsequently intercepted by an authorised officer or police officer at 5 pm while the driver is on work time, the officer must calculate the driver's work and rest times for that day counting forward from 7 am, which was the end of the driver's last major rest break.
 (4) If a driver undertakes a journey and is in a different time zone from the time zone of his or her base at the time when a period of time is relevant for the purposes of this Act, the period must be counted by reference to the time zone of the base.
Example: If it is necessary to determine the night hours of a driver with a base in Western Australia while the driver is in New South Wales on a journey, those night hours are the period between 12 midnight and 6 am in the Western Australian time zone in which the driver's base is situated (even though those hours equate, for instance, to 3 am to 9 am Eastern Standard Summer Savings Time).