Document ID: chunk:federal_register_of_legislation:F2016C00697:schedule:1:p2
Version: federal_register_of_legislation:F2016C00697
Segment Type: schedule
Provision Reference: sch 1 (pt 2/19)
Character Range: 5826–8373

approved by the Australian Transport Council on 16 November 2007.

4.  Act being amended by this Act
  This Act amends the Road Transport (Heavy Vehicle Driver Fatigue) Act 2007.

5.  Substitution of sections 6 and 7
  For sections 6 and 7 substitute –
"6.  Examples
 (1) Examples are part of this Act.
 (2) An example of the operation of a provision of this Act –
 (a) is not exhaustive; and
 (b) may extend the meaning of the provision; and
 (c) does not limit the meaning of the provision, unless the contrary intention appears.
7.  Notes
 (1) Notes that are at the foot of a provision are part of this Act.
 (2) Marginal notes, footnotes at the bottom of a page and endnotes are not part of this Act.
7A.  Gender
  If the context permits, in this Act a reference to "she or he", "he or she", "him or her" or "her or him" is to be read as including a reference to "it", and a reference to "her or his" or "his or hers" is to be read as including a reference to "its".
      Drafting note:   The interpretation legislation of some jurisdictions may already make provision for examples, notes and gender references consistent with sections 6, 7 and 7A.
".

6.  Relationship with the C & E Act
  After section 8(4) insert –
 "(5) For the purposes of this section, a reference in the C & E Act to a responsible person is to be read as if it included a reference to each of the parties in the chain of responsibility.".

7.  Substitution of section 9
  For section 9 substitute –
"9.  Relationship of this Act to other laws
 (1) Nothing in this Act abrogates:
 (a) the <insert name of the jurisdiction's primary occupational health and safety legislation> or any regulations made under that Act;
 (b) any other law or legal instrument that is specified by the regulations for the purposes of this sub‑section.
      Drafting note:   Paragraph (b) is intended to enable a jurisdiction to ensure the primacy of any law or legal instrument that it believes may be abrogated in some way by this Act.
Examples of another law or legal instrument
 another law relating to fatigue or work/rest hours
 an industrial award that provides for fatigue management or sets out agreed work/rest hours.
 (2) Nothing in this Act abrogates a provision of any other law or legal instrument to the extent that the law or legal instrument is not inconsistent with this Act.
 (3) Evidence of a relevant contravention of this Act or the regulations made under this Act is admissible in any proceedings for an offence against the <insert name of the jurisdiction's primary