National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 3) Regulations 2009 Select Legislative Instrument No. 239, 2009 made under the National Transport Commission Act 2003 Compilation No. 1 Compilation date: 5 March 2016 Includes amendments up to: F2016L00170 Registered: 25 May 2016 About this compilation This compilation This is a compilation of the National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 3) Regulations 2009 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Name of Regulations 2 Commencement 3 Proposed amendments to model legislation Schedule 1—Model legislation for regulation 3 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history 1 Name of Regulations These Regulations are the National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 3) Regulations 2009. 2 Commencement These Regulations commence on the day after they are registered. 3 Proposed amendments to model legislation (1) Under section 7 of the National Transport Commission Act 2003, Schedule 1 sets out model legislation (in the form of an Act) to amend the principal model legislation. (2) In subregulation (1), principal model legislation means the model legislation set out in Schedule 1 to the National Transport Commission (Model Legislation—Heavy Vehicle Driver Fatigue) Regulations 2007 as if it had been amended by the model legislation set out in: (a) Schedule 1 to the National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 1) Regulations 2008; and (b) Schedule 1 to the National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 2) Regulations 2009. Note 1: The model legislation does not have the force of law (see paragraph 7(2)(a) of the National Transport Commission Act 2003). Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003. Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003. Schedule 1—Model legislation for regulation 3 (regulation 3) Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 3 Contents Page 1. Name 2. Purpose 3. Approval 4. Act being amended by this Act 5. Substitution of section 36 6. Defence for solo drivers relating to split rest breaks 7. Consequential changes concerning work/rest hours option 8. Change to the way certain matters are to be determined 9. Work/rest hours exemptions 10. Transitional provision concerning TFMS 11. Correction of minor error Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 3 The following provisions are intended to provide the basis for nationally consistent transport laws on the topics with which they deal. They do not, of themselves, have any legal effect. 1. Name This Act is the Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 3. 2. Purpose The purpose of this Act is to make various minor amendments to improve the operation of the Road Transport (Heavy Vehicle Driver Fatigue) Act 2006. 3. Approval This Act was approved by the Australian Transport Council on 11 July 2008. 4. Act being amended by this Act This Act amends the Road Transport (Heavy Vehicle Driver Fatigue) Act 2006. 5. Substitution of section 36 For section 36 substitute – "36. What is work/rest hours option A driver's work/rest hours option at any particular time is whichever one of the following applies to the driver at that time under this Act: (a) standard hours; (b) BFM hours; (c) AFM hours; (d) the hours specified in a work/rest time exemption. Note: Section 43 explains what standard hours are. Section 48 explains what BFM hours are. Section 52 explains what AFM hours are. Section 91 explains what a work/rest hours exemption is.". 6. Defence for solo drivers relating to split rest breaks In section 50, in the example, omit "after 14 hours of work". 7. Consequential changes concerning work/rest hours option (1) In section 53(3)(b), after "AFM hours" insert "or the hours specified in a work/rest hours exemption". (2) For section 58(1)(b) substitute – "(b) if the driver changes from one work/rest option to another work/rest option during a day, he or she must record any information for that day that relates to the period after the change occurs on a separate daily sheet; and". 8. Change to the way certain matters are to be determined (1) In sections 60(2), 72(1), 73(2), 74(2), 78(2)(c), 79(5), 83(2)(d), 84(6) and 104(1), for "specified by the Fatigue Authorities Panel" substitute "approved by the Australian Transport Council by notice published in the Commonwealth Government Gazette". (2) For section 74(4) substitute – "(4) In approving a type of electronic work diary, the Authority must have regard to any guidelines in relation to electronic diaries approved by the Australian Transport Council by notice published in the Commonwealth Government Gazette.". (3) For section 79(4) substitute – "(4) In granting BFM accreditation to the operator of a regulated heavy vehicle, the Authority must have regard: (a) to any relevant advice given to it by the Fatigue Authorities Panel; and (b) to any guidelines in relation to BFM accreditation issued by the Fatigue Authorities Panel by notice published in the Commonwealth Government Gazette.". (4) For section 84(4) substitute – "(4) In granting AFM accreditation to the operator of a regulated heavy vehicle, the Authority must have regard: (a) to any relevant advice given to it by the Fatigue Authorities Panel; and (b) to any guidelines in relation to AFM accreditation issued by the Fatigue Authorities Panel by notice published in the Commonwealth Government Gazette.". (5) Omit section 114A. (6) In the Dictionary, in the definitions of AFM standards and business rules and BFM standards and business rules, for "specified by the Fatigue Authorities Panel" substitute "approved by the Australian Transport Council by notice published in the Commonwealth Government Gazette". (7) In the Dictionary, in the definition of approved sleeper berth, in paragraph (b), for "specified by the Fatigue Authorities Panel" substitute "approved by the Australian Transport Council by notice published in the Commonwealth Government Gazette". (8) In the Dictionary, insert after the definition of approved sleeper berth – "Australian Transport Council―in relation to any particular matter, includes a person who, or a body that, has been authorised by the Australian Transport Council to act as its delegate in relation to that matter.". [Drafting note: Most of the amendments made in this section involve provisions that were amended by section 31 of the Model Amendments Act: Heavy Vehicle Driver Fatigue – Package No. 1.] 9. Work/rest hours exemptions For section 91(1) substitute – "(1) A work/rest hours exemption is an exemption from complying with any restrictions imposed under this Act in relation to work time or rest time. (1A) In granting a work/rest hours exemption, the Authority must specify the work and rest times that are to apply to a person to whom the exemption applies.". 10. Transitional provision concerning TFMS At the end of section 124 insert – "[Drafting note: A jurisdiction may also wish to insert into this section a provision requiring employers to continue to comply during the transition period with some or all of the obligations they were under with respect to training courses, medical examinations and the management of the driving, work and rest times of drivers under the old Regulations.]". 11. Correction of minor error In section 130(4)(b), omit "it". Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history. Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Name Registration Commencement Application, saving and transitional provisions National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 3) Regulations 2009 (SLI No. 239, 2009) 21 Sept 2009 (F2009L03554) 22 Sept 2009 (r 2) Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 29 Feb 2016 (F2016L00170) Sch 1 (item 28): 5 Mar 2016 (s 2(1) item 1) — Endnote 4—Amendment history Provision affected How affected r 3..................... am F2016L00170