114Fatigue Authorities Panel

114 Fatigue Authorities Panel

(1) In this Act, a reference to the Fatigue Authorities Panel (the Panel) is a reference to a body constituted and operating in accordance with this section or a corresponding provision of a corresponding fatigue law. (2) The Panel must consist of these members: (a) the Authority; and (b) the corresponding Authorities of each other participating jurisdiction; and (c) the Department of the Commonwealth that deals with road transport, unless that Department has indicated in writing that it does not wish to be a member. (3) The function of the Panel is to consider matters referred to it by any member of the Panel under this Part or a corresponding provision of a corresponding fatigue law. (4) The Panel may hold a meeting to consider or decide those matters. (5) The Panel may only decide a matter at a meeting if a majority of its members are participating in the meeting either: (a) as described in subsection (6); or (b) by casting a written vote as permitted by subsection (8). (6) A member of the Panel may participate in a meeting: (a) by attending the meeting in person; or (b) by another means of communication, including for example, by phone or internet conferencing. (7) Each member of the Panel may cast 1 vote on a matter to be decided by the Panel. (8) A member may cast his or her vote by a written vote received by the Panel: (a) before a decision is taken on the matter at a meeting; or (b) at that meeting. (9) The decision of the Panel on a matter is to be the majority of votes on the matter. (10) However, if a vote is tied, the question being voted on fails. (11) The Panel may invite a person to a meeting to advise, inform, or make a submission to, the Panel. (12) The following persons may attend a meeting of the Panel to observe, or make a submission to, the Panel: (a) an authority of a non‑participating jurisdiction that performs functions and exercises powers under a law of that jurisdiction about heavy vehicle driver fatigue; and (b) the National Transport Commission; and (c) any other authority or agency agreed to or invited by the Panel. (13) The regulations may make further provision about: (a) the functions and procedures of the Panel; and (b) determining what is, or is not, to be treated as a corresponding provision of a corresponding fatigue law.