QLDIn ForceAct
Heavy Vehicle National Law Act 2012
sec.49Continuation of work diary exemption
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### sec.49 Continuation of work diary exemption
A relevant exemption continues in force under the Law to the greatest practicable extent as if it were a work diary exemption (permit) under the Law.
However, for applying the Law to it, the relevant exemption—
is not, and can not be made, the subject of a standard hours condition; and
can not, when subsection (1) commences to have effect in relation to it, be made subject to any other conditions as mentioned in section 366 (2) of the Law; and
except to the extent it is amended or cancelled under section 370 , 371 or 372 of the Law, continues in force until it would have expired if the Law had not been enacted.
This section does not limit the application of the general savings and transitional provision to a work diary exemption under the fatigue regulation that is not a relevant exemption.
In this section—
fatigue regulation means the Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 of Queensland.
relevant exemption means a work diary exemption under the fatigue regulation if the exemption—
was granted on the basis of the chief executive’s satisfaction under section 158 (3)(a) of the fatigue regulation; and
was in force immediately before the commencement of this section.
standard hours condition means a condition as mentioned in section 366 (1) of the Law.
s 49 ins 2013 No. 26 s 18
(sec.49-ssec.1) A relevant exemption continues in force under the Law to the greatest practicable extent as if it were a work diary exemption (permit) under the Law.
(sec.49-ssec.2) However, for applying the Law to it, the relevant exemption— is not, and can not be made, the subject of a standard hours condition; and can not, when subsection (1) commences to have effect in relation to it, be made subject to any other conditions as mentioned in section 366 (2) of the Law; and except to the extent it is amended or cancelled under section 370 , 371 or 372 of the Law, continues in force until it would have expired if the Law had not been enacted.
(sec.49-ssec.3) This section does not limit the application of the general savings and transitional provision to a work diary exemption under the fatigue regulation that is not a relevant exemption.
(sec.49-ssec.4) In this section— fatigue regulation means the Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 of Queensland. relevant exemption means a work diary exemption under the fatigue regulation if the exemption— was granted on the basis of the chief executive’s satisfaction under section 158 (3)(a) of the fatigue regulation; and was in force immediately before the commencement of this section. standard hours condition means a condition as mentioned in section 366 (1) of the Law.
- (a) is not, and can not be made, the subject of a standard hours condition; and
- (b) can not, when subsection (1) commences to have effect in relation to it, be made subject to any other conditions as mentioned in section 366 (2) of the Law; and
- (c) except to the extent it is amended or cancelled under section 370 , 371 or 372 of the Law, continues in force until it would have expired if the Law had not been enacted.
- (a) was granted on the basis of the chief executive’s satisfaction under section 158 (3)(a) of the fatigue regulation; and
- (b) was in force immediately before the commencement of this section.