Document ID: chunk:federal_register_of_legislation:F2016C00503:schedule:1:p4
Version: federal_register_of_legislation:F2016C00503
Segment Type: schedule
Provision Reference: sch 1 (pt 4/16)
Character Range: 12147–14798

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.

10.  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.

Division 3—Causation

11.  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.

12.  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.

13.  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 Part 2 to take reasonable steps to ensure that a thing will not cause a speeding offence;
speeding offence means an occurrence in which the driver of a vehicle drives the vehicle in excess of any speed limit that applies to the vehicle.
 (2) This section applies if an act of, or a failure to act by, a duty holder causes a speeding 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 speeding offence, for the purposes of this Act there is created a rebuttable presumption that the duty holder caused the occurrence of the speeding offence.

Part 2—Specific Duties and Offences

Division 1—Duties on employers, prime contractors and operators

14.  Who is an employer?
  An employer is a person who engages someone else to drive a heavy vehicle under a contract of employment, apprenticeship or training.
Example of an employer
A labour hire company.

15.  Who is a prime contractor?
  A prime contractor is a person who engages someone else to drive a heavy vehicle under a contract for services.
Example of a prime contractor
A logistics business that engages a subcontractor to transport goods.

16.  Who is an operator?
 (1) An operator of a heavy vehicle is a person