Div 8Exemptions relating to work times and rest times

Division 8—Exemptions relating to work times and rest times 265—Emergency services exemption (1) A person who is acting for an emergency service and who has time‑critical duties on the way to, or during, an emergency is exempted in the course of carrying out the duties from compliance with this Part. (2) A person who is acting for an emergency service and who is returning from attending an emergency is exempted from compliance with this Part if the person reasonably believes the noncompliance does not present an unreasonable danger to other road users. (3) A person who is acting for an emergency service is exempted from compliance with this Part under subsection (1) or (2) only if, at the relevant time, the person complies with any guidelines regarding the management of fatigue issued by or on behalf of the emergency service or an authority responsible for oversight of the emergency service. emergency means an event, or an anticipated event, that— (a) endangers, or may endanger, life, property or the environment; or (b) has disrupted, or may disrupt, communications, energy supply, water supply or sewerage services; or (c) is declared to be an emergency or disaster by— (i) the Commonwealth or a State or Territory; or (ii) a Commonwealth or State or Territory authority responsible for managing responses to emergencies or disasters; Examples of an emergency— fire, explosion or natural disaster emergency service means an entity that has a statutory responsibility to respond to an emergency and includes the following: (a) an ambulance service; (b) a fire brigade, including a volunteer fire brigade; (c) a police force or police service; (d) a disaster or emergency organisation of the Commonwealth or a State or Territory. 266—Regulator's power to exempt class of drivers from particular maximum work requirements and minimum rest requirements (1) The Regulator may, by Commonwealth Gazette notice complying with section 270, grant an exemption to allow, for a period of not more than 3 years, a class of drivers of fatigue‑regulated heavy vehicles to operate under the maximum work times and minimum rest times stated in the exemption. (2) An exemption under subsection (1) is a work and rest hours exemption (notice). 267—Restriction on grant of work and rest hours exemption (notice) (1) The Regulator may grant a work and rest hours exemption (notice) only if the Regulator is satisfied— (a) requiring the class of drivers to whom the exemption is to apply to comply with the standard hours would be an unreasonable restriction on operations conducted by— (i) the class of drivers; or (ii) relevant parties for the class of drivers; and (b) if the maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—the requirements applying to BFM accreditation or AFM accreditation under this Law would, having regard to the nature of the operations, be unreasonable for the operations conducted by— (i) the class of drivers; or (ii) relevant parties for the class of drivers; and (c) the driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and (d) the class of drivers to whom the exemption is to apply is likely to follow the practices consistently and effectively. (2) In deciding whether or not to grant a work and rest hours exemption (notice), the Regulator must have regard to the approved guidelines for granting work and rest hours exemptions. relevant parties, for a class of drivers of fatigue‑regulated heavy vehicles, means— (a) employers of the class of drivers if they are employed drivers; or (b) prime contractors for the class of drivers if they are self‑employed drivers; or (c) operators of fatigue‑regulated heavy vehicles if the drivers of the class are to make journeys for the operators using the vehicles. 268—Conditions of work and rest hours exemption (notice) A work and rest hours exemption (notice) may be subject to any conditions the Regulator considers appropriate, including, for example— (a) conditions about driver fatigue management practices that are to apply to drivers operating under the exemption; and (b) conditions about keeping records relating to the driver fatigue management practices; and (c) a condition that the driver of a fatigue‑regulated heavy vehicle who is operating under the exemption must keep in the driver's possession a copy of— 269—Period for which work and rest hours exemption (notice) applies A work and rest hours exemption (notice)— 270—Requirements about Commonwealth Gazette notice (1) A Commonwealth Gazette notice for a work and rest hours exemption (notice) must state the following: (a) the class of drivers of fatigue‑regulated heavy vehicles to which the exemption applies; (b) the maximum work times and minimum rest times that are to apply to drivers operating under the exemption; (c) the other conditions of the exemption; 271—Amendment or cancellation of work and rest hours exemption (notice) (1) Each of the following is a ground for amending or cancelling a work and rest hours exemption (notice): (a) since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator's decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions; (b) the use of fatigue‑regulated heavy vehicles under the exemption has caused, or is likely to cause, a significant risk to public safety. (2) If the Regulator considers a ground exists to amend or cancel a work and rest hours exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5). (a) stating that the Regulator believes a ground mentioned in subsection (1)(a) or (b) for amending or cancelling the exemption exists; and (d) inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken. (4) If, after considering all written representations made under subsection (3)(d), the Regulator still considers a ground exists to take the proposed action, the Regulator may— (a) if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or 272—Immediate suspension (a) a ground exists to cancel a work and rest hours exemption (notice); and (b) it is necessary to suspend the exemption immediately to prevent or minimise serious harm to public safety. (2) The Regulator may, by public notice, immediately suspend the exemption until the earliest of the following: (b) the Regulator publishes a notice under section 271(5) and the amendment or cancellation takes effect under section 271(6); (4) The suspension, or (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3). (5) This section applies despite section 271. 273—Regulator's power to exempt drivers from particular maximum work requirements and minimum rest requirements (1) The Regulator may, by giving a person a permit as mentioned in section 278, grant an exemption to allow, for a period of not more than 3 years, a driver of a fatigue‑regulated heavy vehicle, or a class of drivers of fatigue‑regulated heavy vehicles, to operate under the maximum work times and minimum rest times stated in the exemption. (2) An exemption under subsection (1) is a work and rest hours exemption (permit). (3) The Regulator may grant a work and rest hours exemption (permit) to the operator of a fatigue‑regulated heavy vehicle in combination with the operator's BFM accreditation or AFM accreditation. (4) The Regulator may grant a work and rest hours exemption (permit)— (a) in a way that does not cover all the drivers sought by the applicant; or (b) setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant. 274—Application for work and rest hours exemption (permit) (1) Any of the following persons may apply to the Regulator for a work and rest hours exemption (permit): (a) an employer of a driver of a fatigue‑regulated heavy vehicle; (b) a prime contractor for a driver of a fatigue‑regulated heavy vehicle; (c) an operator of a fatigue‑regulated heavy vehicle; (d) a self‑employed driver of a fatigue‑regulated heavy vehicle. (ii) any conditions to which the exemption is sought to be subject; (iii) the name of the driver of a fatigue‑regulated heavy vehicle to whom the exemption is sought to apply, or details of the class of drivers of fatigue‑regulated heavy vehicles to whom the exemption is sought to apply; (iv) the proposed maximum work times and minimum rest times that would be followed by drivers operating under the exemption; (v) if the proposed maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours— (A) the driver fatigue management practices that would be followed by the applicant and drivers operating under the exemption; and (B) how the practices would safely manage fatigue risks; and (C) how the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and (c) be accompanied by the prescribed fee for the application. (3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application. 275—Restriction on grant of work and rest hours exemption (permit) (1) The Regulator may grant a work and rest hours exemption (permit) only if the Regulator is satisfied— (a) requiring the drivers to whom the exemption is to apply to comply with the standard hours would be an unreasonable restriction on operations conducted by the applicant; and (b) if the maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and (c) the driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and (d) the drivers to whom the exemption is to apply are likely to follow the practices consistently and effectively. (2) In deciding whether or not to grant a work and rest hours exemption (permit), the Regulator must have regard to the approved guidelines for granting work and rest hours exemptions. 276—Conditions of work and rest hours exemption (permit) (1) If the Regulator grants a work and rest hours exemption (permit) to the operator of a fatigue‑regulated heavy vehicle in combination with the operator's BFM accreditation or AFM accreditation, it is a condition of the exemption that the operator must comply with all the conditions of the operator's BFM accreditation or AFM accreditation. (2) A work and rest hours exemption (permit) may be subject to any other conditions the Regulator considers appropriate, including, for example, conditions about— (a) driver fatigue management practices that are to apply to drivers operating under the exemption; and (b) keeping records relating to the driver fatigue management practices. 277—Period for which work and rest hours exemption (permit) applies (1) A work and rest hours exemption (permit) applies for the period stated in the permit for the exemption. (2) The period may be less than the period sought by the applicant for the work and rest hours exemption (permit). 278—Permit for work and rest hours exemption (permit) etc (1) If the Regulator grants a work and rest hours exemption (permit) to a person, the Regulator must give the person— (b) if prescribed circumstances apply to the grant of the exemption—an information notice for the prescribed circumstances. (2) A permit for a work and rest hours exemption (permit) must state the following: (b) the driver of a fatigue‑regulated heavy vehicle, or class of drivers of fatigue‑regulated heavy vehicles, to which the exemption applies; (c) the maximum work times and minimum rest times that apply to drivers operating under the exemption; (d) the conditions of the exemption, including, if applicable, the condition mentioned in section 276(1); (e) the period for which the exemption applies. prescribed circumstances, for a work and rest hours exemption (permit), means the Regulator has— (a) imposed conditions on the exemption under section 276(2); or (b) granted the exemption in a way that does not cover all the drivers sought by the applicant for the exemption; or (c) granted the exemption setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant for the exemption; or (d) granted the exemption for a period less than the period of not more than 3 years sought by the applicant for the exemption. 279—Refusal of application for work and rest hours exemption (permit) If the Regulator refuses an application for a work and rest hours exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application. 280—Amendment or cancellation of work and rest hours exemption (permit) on application by permit holder (1) The holder of a permit for a work and rest hours exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption. (3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application. (c) if the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended. 281—Amendment or cancellation of work and rest hours exemption (permit) on Regulator's initiative (1) Each of the following is a ground for amending or cancelling a work and rest hours exemption (permit): (b) the holder of the permit for the exemption has contravened this Law or a corresponding fatigue law; (c) a driver of a fatigue‑regulated heavy vehicle to whom the exemption applies has contravened this Law or a corresponding fatigue law; (d) since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator's decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions. (2) If the Regulator considers a ground exists to amend or cancel a work and rest hours exemption (permit) (the proposed action), the Regulator must give the holder of the permit for the exemption a notice— (d) if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and (e) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken. (3) If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may— (a) if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or 282—Immediate suspension of work and rest hours exemption (permit) (a) a ground exists to cancel a work and rest hours exemption (permit); and (b) it is necessary to suspend the exemption immediately to prevent or minimise serious harm to public safety. (2) The Regulator may, by notice (immediate suspension notice) given to the person to whom the permit for the exemption was given, immediately suspend the exemption until the earliest of the following: (a) the Regulator gives the holder a notice under section 281(4) and the amendment or cancellation takes effect under section 281(5); (c) the end of 56 days after the day the immediate suspension notice is given to the holder. (3) This section applies despite sections 280 and 281. 283—Minor amendment of work and rest hours exemption (permit) The Regulator may, by notice given to the holder of a permit for a work and rest hours exemption (permit), amend the exemption in a minor respect— 284—Return of permit (1) If a person's work and rest hours exemption (permit) is amended or cancelled, the Regulator may, by notice given to the person, require the person to return the person's permit for the exemption to the Regulator. (2) The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period. (3) If the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended. 285—Replacement of defaced etc permit (1) If a person's permit for a work and rest hours exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit. (2) If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable. (3) If the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.