Document ID: chunk:federal_register_of_legislation:F2016C00697:schedule:1:p15
Version: federal_register_of_legislation:F2016C00697
Segment Type: schedule
Provision Reference: sch 1 (pt 15/19)
Character Range: 37714–40299

be satisfied that the limits appear to provide a safe balance between work, rest, risk management and fatigue countermeasures; and
 (b) must not set limits that:
 (i) allow a driver to work more than the work time allowed, or to have less than the rest time required, in the AFM outer limits; or
 (ii) that the Authority considers would be unsafe, having regard to the operator's AFM fatigue management proposal and any relevant body of fatigue knowledge.
Note: Section 52A(1) sets out the AFM outer limits.  Section 83(3) explains what an AFM fatigue management proposal is.".
 (2) Omit section 84(10).

38.  Powers of authorised officers
 (1) For section 107(2)(c)(i) substitute –
 "(i) may direct the driver not to work for a period of time that will be sufficient, in the reasonable opinion of the officer, to enable the driver to obtain sufficient rest to be able to complete the next stage of her or his journey unimpaired by fatigue; and".
 (2) For section 107(2)(d) substitute –
 "(d) may direct the driver not to work for a 24‑hour period if:
 (i) the driver fails to produce his or her work diary, or produces a document that the officer believes is a purported work diary; or
 (ii) the officer believes, on reasonable grounds, that the work diary produced for inspection cannot be relied on as an accurate record of the time spent recently by the driver working or resting.
Example: If an officer is given a work diary and it appears to her or him that an offence under Division 4.4 of Part 4 has been committed in relation to the diary, the officer could well form the belief referred to in sub‑paragraph (ii).
 (4) After section 107(3) insert –
 "(3A) If subsection (2)(c)(i) applies, the officer must specify a period of time, and must record her or his direction in the driver's work diary.".
 (5) After section 107(5) insert –
 "(6) To remove doubt, section 123 (Formal warnings) of the C & E Act applies for the purposes of subsection (5) as if the following provision was substituted for section 123(3) of that Act:
 (3) A formal warning must not be given for a substantial risk, severe risk or critical risk offence that relates to work/rest hours.".

39.  Substitution of section 109
  For section 109 substitute –
"109  Duty on officers to annotate driver's work diary
 (1) This section applies if an authorised officer or police officer stops a driver for compliance purposes using a power conferred on the officer by the C & E Act.
 (2) If the officer detains the driver for a period of 5 minutes or longer, the driver may ask the officer to record the following