Document ID: chunk:federal_register_of_legislation:F2016C00534:clause:1_265:p2
Version: federal_register_of_legislation:F2016C00534
Segment Type: clause
Provision Reference: sch 1 cl 265 (pt 2/4)
Character Range: 7266–9775

is under 1 year old.
 (1C) To avoid doubt, subrule (1A) does not authorise a passenger to whom subrule 266(3) applies to occupy a seat in the front row of seats in a vehicle that has 2 or more rows of seats.

[5]  Paragraph 267(3)(a)
omit
certificate,
insert
certificate (other than a certificate issued under subrule (3A)),

[6]  After subrule 267(3)
insert
 (3A) A person is exempt from wearing a seatbelt if:
 (a) he or she (or, if he or she is a passenger in a vehicle, the vehicle's driver) is carrying a certificate:
 (i) that is signed by a medical practitioner; and
 (ii) that states that, in the opinion of the medical practitioner, the person should not wear a seatbelt due to the person's medical condition; and
 (iii) that displays a date of issue; and
 (iv) that displays an expiry date that is a date not more than 12 months after the date of issue; and
 (v) that has not expired; and
 (b) he or she is complying with any conditions stated in the certificate; and
 (c) there is no other law of this jurisdiction that states that this subrule does not apply in this jurisdiction.
Note: Medical practitioner is defined in sub‑rule (9).

[7]  Subrule 267(4)
omit
subrule (3) from wearing a seatbelt
insert
subrule (3) or (3A)

[8]  After subrule 267(5), including the note
insert
 (6) A person is exempt from wearing a seatbelt if he or she is providing or receiving medical treatment of an urgent and necessary nature while in or on a vehicle.
 (7) If a truck or bus has a sleeper compartment, a two‑up driver of the truck or bus is exempt from wearing a seatbelt while he or she occupies the sleeper compartment for rest purposes.
Note: Bus and truck are defined in the dictionary.
 (8) If a vehicle does not have seatbelts or approved child restraints fitted to all its passenger seating positions, a passenger who is exempt from wearing a seatbelt under this rule must not occupy a seating position that is fitted with a seatbelt or an approved child restraint if the result would be that a passenger who is not exempt from wearing a seatbelt under this rule would be required to occupy a seating position that is not fitted with a seatbelt or an approved child restraint.
 (9) In this rule:
medical practitioner means a person who is a medical practitioner within the meaning of [the relevant law of this jurisdiction].
two‑up driver means a person accompanying a driver of a truck or bus on a journey, or part of a journey, who has been, is or will be sharing the task of driving the truck or