Document ID: chunk:federal_register_of_legislation:F2016C00697:schedule:1:p4
Version: federal_register_of_legislation:F2016C00697
Segment Type: schedule
Provision Reference: sch 1 (pt 4/19)
Character Range: 10566–13161

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 (a) or (b), a person who unloads from a freight container that is on a vehicle or combination goods that have been transported by road; or".
 (2) In the drafting note under section 21, for "exactlythe" substitute "exactly the".

13.  Insertion of Division 1.5
  After Division 1.4 insert –
"Division 1.5—Causation
25A.  Intention irrelevant in determining causation
  For the purposes of this Act, a person can cause something to happen even though she or he had no intention of causing that thing to happen.
25B.  Cause includes "contribute to causing" and "encourage"
  For the purposes of this Act, a reference to causing a thing is to be read as including a reference to contributing to causing the thing, and to encouraging the thing.
25C.  Objective reasonableness test to be used in determining causation
 (1) In this section:
duty holder means a person on whom a duty is imposed by section 30, 31, 32 or 33 to take reasonable steps to ensure that a thing will not cause a fatigue offence;
fatigue offence means an occurrence in which the driver of a regulated heavy vehicle drives the vehicle:
 (a) while impaired by fatigue; or
 (b) while in breach of his or her work/rest hours option; or
 (c) in breach of another law to avoid driving while impaired by fatigue or while in breach of his or her work/rest hours option.
Note 1: Section 27 explains what impaired by fatigue means.
Note 2: Section 35 explains what a work/rest hours option is.
 (2) This section applies if an act of, or a failure to act by, a duty holder causes a fatigue offence to occur.
 (3) If it is likely that a reasonable person would have foreseen that the act, or failure to act, would be reasonably likely to cause the occurrence of the fatigue offence, for the purposes of this Act there is created a rebuttable presumption that the duty holder caused the occurrence of the fatigue offence.".

14.  What are reasonable steps
  For sections 23(1)–23(3) substitute –
 "(1) If a provision of this Act requires a person to take all reasonable steps to ensure that a specified thing will not cause a particular outcome, without limiting the ways in which a person may take those steps, she or he is to be regarded as having taken those steps if she or he:
 (a) identifies and assesses –
 (i) what aspects of the specified thing might cause the particular outcome; and