7. Substitution of section 97. Substitution of section 9

7. Substitution of section 9

For section 9 substitute –

“9. Relationship of this Act to other laws

(1) Nothing in this Act abrogates: (a) the <insert name of the jurisdiction’s primary occupational health and safety legislation> or any regulations made under that Act; (b) any other law or legal instrument that is specified by the regulations for the purposes of this sub‑section.

Note: Drafting note: Paragraph (b) is intended to enable a jurisdiction to ensure the primacy of any law or legal instrument that it believes may be abrogated in some way by this Act.

Note: Examples of another law or legal instrument

 another law relating to fatigue or work/rest hours
 an industrial award that provides for fatigue management or sets out agreed work/rest hours.

(2) Nothing in this Act abrogates a provision of any other law or legal instrument to the extent that the law or legal instrument is not inconsistent with this Act. (3) Evidence of a relevant contravention of this Act or the regulations made under 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.”.