Document ID: chunk:federal_register_of_legislation:F2016C00697:schedule:1:p3
Version: federal_register_of_legislation:F2016C00697
Segment Type: schedule
Provision Reference: sch 1 (pt 3/19)
Character Range: 8126–10813

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 occupational health and safety legislation> or any regulations made under that Act.
 (4) Compliance with this Act or the regulations made under this Act, or with any requirement imposed under this Act or those regulations, is not, in itself, evidence that a person has complied with the <insert name of the jurisdiction's primary occupational health and safety legislation> or any regulations made under that Act or with a common law duty of care.".

8.  Insertion of section 9A
  After section 9 insert –
"9A.  Crown to be bound
  This Act binds the Crown, not only in right of <this jurisdiction>, but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.".

9.  Substitution of definition
  For section 16 substitute –
"16  Who is a scheduler
  A scheduler is:
 (a) a person who schedules a driver's work or rest time; or
 (b) a person who schedules the transport of passengers or goods by road.".

10.  Minor amendment to clause 17 (Who is a consignor)
  In section 17(d), before "unattended" insert "usually".

11.  Substitution of definition
  For section 19 substitute –
"19  Who is a loading manager
  A loading manager is:
 (a) a person who manages, or who is responsible for the operation of, a premises at which usually on a business day at least 5 regulated heavy vehicles are loaded with goods for transport, or have goods that the vehicles have transported unloaded; or
 (b) a person who directly or indirectly supervises, manages or controls the loading or unloading of regulated heavy vehicles at such a premises.
Examples of a loading manager
A company that runs, or a site manager for, a distribution centre.
Example of calculation of vehicle numbers
At a premises on a usual business day, 3 regulated heavy vehicles are loaded with goods, and 3 other regulated heavy vehicles have goods that have been transported to the premises unloaded.  The manager of the premises is a loading manager because at least 5 vehicles are usually loaded or unloaded at the premises on a business day.".

12.  Minor amendments to clause 21 (Who is an unloader)
 (1) For sections 21(a), (b) and (c) substitute –
 "(a) a person who unloads from a vehicle or combination goods that have been transported by road; or
 (b) a person who unloads from a vehicle or combination a freight container (whether or not containing goods) that has been transported by road; or
 (c) without limiting paragraph