Document ID: chunk:federal_register_of_legislation:F2016C00697:schedule:1:p7
Version: federal_register_of_legislation:F2016C00697
Segment Type: schedule
Provision Reference: sch 1 (pt 7/19)
Character Range: 17861–20659

of the offence (e.g. the risk category that the relevant offence belongs to); and
 (e) the degree to which the person (either personally or through an agent or employee) had the ability to eliminate, prevent or reduce an aspect, or to eliminate a risk or to minimise the likelihood of a risk eventuating; and
 (f) the experience, expertise and knowledge that the person, or the person's agent or employee, had or ought reasonably have had; and
 (g) the availability and suitability of ways to eliminate, prevent or reduce an aspect, or to eliminate a risk or to minimise the likelihood of a risk eventuating; and
 (h) the cost of eliminating a risk or minimising the likelihood of a risk eventuating; and
 (i) the body of fatigue knowledge.".

15.  Minor amendment to clause 26 (What is fatigue)
  In section 26(5), for "exposure of" substitute "exposure to".

16.  Amendments concerning duty on parties in the chain of responsibility to prevent driver fatigue
 (1) For section 29(3) substitute –
 "(3) For the purposes of sub‑section (1), evidence:
 (a) that a party complied with a relevant prescribed fatigue duty under another law is evidence that the party took all the reasonable steps required by that sub‑section; and
 (b) that an operator complied with the requirements of a BFM or AFM accreditation is evidence that the operator took all the reasonable steps required by that sub‑section.".
 (2) In section 29(4) omit "and, in the case of an operator, includes the requirements of a BFM or AFM accreditation".
  After the drafting note following section 29(4) insert –
 "(5) In a prosecution under sub‑section (1), it is not necessary to prove that any particular person drove, or would or may have driven, the vehicle on a road while impaired by fatigue.".

17.  Change to wording of duty on employers, prime contractors and operators
 (1) In section 30(2), for "the schedule for the driver will not cause or permit" substitute "her or his business practices will not cause".
 (2) After section 30(2) insert –
 "(2A) In subsection (2), business practices means the practices of the employer, prime contractor or operator in running her or his business, and includes:
 (a) the operating policies and procedures of the business; and
 (b) the human resource and contract management arrangements of the business; and
 (c) arrangements for managing safety.".

18.  Minor amendment concerning additional duties on certain parties in the chain of responsibility
  In sections 30(2)(c), 31(2)(c), 32(2)(c) and 33(2)(c), for "to avoid" substitute "in order to avoid".

19.  Standardisation of phrase concerning causation
 (1) In sections 30(3), 30(4), 31(2), 31(3), 32(3), 32(4) and 35(2), omit "or permit".
 (2) In sections 34 and 35(1), omit "or permitting".

20.  Additional duty on consignors