National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue Package No. 4) Regulations 2009 (Cth)
National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 4) Regulations 2009
Select Legislative Instrument No. 240, 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. 4) 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 ( 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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.................................................................................................... 1
2............ Commencement............................................................................................................ 1
3............ Proposed amendments to model legislation................................................................. 1
Schedule 1—Model legislation for regulation 3 2
Endnotes19
Endnote 1—About the endnotes 19
Endnote 2—Abbreviation key 21
Endnote 3—Legislation history 22
Endnote 4—Amendment history 23
1Name of Regulations
These Regulations are the National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 4) Regulations 2009.
2Commencement
These Regulations commence on the day after they are registered.
3Proposed 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; and
(c)Schedule 1 to the National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 3) 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. 4
Contents
Page
1............ Name............................................................................................................................. 3
2............ Purpose......................................................................................................................... 3
3............ Approval....................................................................................................................... 3
4............ Act being amended by this Act..................................................................................... 3
5............ What is work/rest hours option..................................................................................... 3
6............ Minor amendment......................................................................................................... 4
7............ What is a driver's base and record location.................................................................. 4
8............ Driver must carry work diary....................................................................................... 4
9............ Information that driver must record in work diary....................................................... 4
10.......... Destroyed, lost, stolen or malfunctioning work diaries................................................ 5
11.......... Information that record keeper must record................................................................. 6
12.......... Minor amendment......................................................................................................... 7
13.......... Issue of written work diaries......................................................................................... 7
14.......... Approval of electronic work diaries............................................................................. 7
15.......... Insertion of new section 76A........................................................................................ 9
16.......... Consequential amendments........................................................................................ 10
17.......... Driver must carry AFM accreditation details............................................................. 10
18.......... Minor amendment....................................................................................................... 10
19.......... Work/rest hours exemption......................................................................................... 10
20.......... Insertion of sections 94A and 94B.............................................................................. 13
21.......... Insertion of Division 6.1A.......................................................................................... 14
22.......... Penalties...................................................................................................................... 15
23.......... Decisions that may be reconsidered and reviewed..................................................... 16
24.......... Substitution of section 132......................................................................................... 17
25.......... Amendment to definition............................................................................................ 18
Model Amendments Act: Heavy Vehicle Driver Fatigue—Package No. 4
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. 4.
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 Transport Agency Chief Executives on 25 August 2008.
4.Act being amended by this Act
This Act amends the Road Transport (Heavy Vehicle Driver Fatigue) Act 2006.
5.What is work/rest hours option
In section 36 –
(a)for paragraph (d) substitute –
“(d)the hours specified in a work/rest hours exemption (whether or not granted in combination with an operator’s BFM or AFM accreditation).”;
(b)for the note substitute –
“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 and provides that a work/rest hours exemption may be granted in combination with an operator’s BFM or AFM accreditation.”.
6.Minor amendment
In section 52A(5), after “subsection” insert “(2) or”.
7.What is a driver’s base and record location
For section 55(2)(b) substitute –
“(b)if the vehicle is normally kept on a particular road or at a particular place when not in use – the home address of the registered operator whose home address is nearest to that road or place; or
(c)in any other case – the home address of the registered operator whose name is first listed on the registration certificate for the vehicle.”.
8.Driver must carry work diary
For section 56(1) substitute –
“(1)This section applies if a driver:
(a)is engaged in 100+ km work; or
(b)was engaged in 100+ km work in the last 28 days; or
(c)is driving under BFM or AFM hours; or
(d)was driving under BFM or AFM hours in the last 28 days; or
(e)is driving under a work/rest hours exemption (whether or not granted in combination with an operator’s BFM or AFM accreditation); or
(f)was driving under a work/rest hours exemption (whether or not granted in combination with an operator’s BFM or AFM accreditation) in the last 28 days.
Note:Section 91 provides that a work/rest hours exemption may be granted in combination with an operator’s BFM or AFM accreditation.”.
9.Information that driver must record in work diary
(1)In section 57(3) –
(a)in paragraph (d), for “or AFM hours” substitute “, AFM hours or the hours specified in a work/rest hours exemption”;
(b)for paragraph (e) substitute –
“(e)if he or she is working under BFM or AFM hours or the hours specified in a work/rest hours exemption that was granted in combination with an operator’s BFM or AFM accreditation – his or her operator’s BFM or AFM accreditation number; and”.
(2)After section 57(4) insert –
“(4A)If the driver changes from one base or record location to another base or record location after starting work on one of those days, he or she must record the details of the other base or record location (as the case may be) immediately after the change occurs.
Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.”.
10.Destroyed, lost, stolen or malfunctioning work diaries
(1)For sections 59(1) and (1A) substitute –
“(1)This section applies if a driver is unable to use a work diary because:
(a)it is filled up, destroyed, lost or stolen; or
(b)in the case of an electronic work diary:
(i)it is malfunctioning; or
(ii)a component of it is destroyed, lost or stolen.
(1A)During any period in which subsection (1) applies, the driver must record in a supplementary record any information that he or she is required by section 57 to record.
Court‑imposed penalty: $4 000.
Infringement notice penalty: $800.”.
(2)For section 59(1B)(a) substitute –
“(a)the driver is given a replacement work diary; or
(aa)in the case of an electronic work diary that is malfunctioning – the diary is brought into working order; or
(ab)in the case of an electronic work diary for which a component has been destroyed, lost or stolen – the driver is given a replacement component and the diary is brought into working order; or”.
(3)For section 59(3) substitute –
“(3)As soon as practicable (but within 2 business days) after the driver becomes aware that subsection (1) applies, the driver must give the Authority written notice, in a form approved by the Authority, of the relevant event that caused that subsection to apply.
Court‑imposed penalty: $4 000.
Infringement notice penalty: $800.”.
(4)For section 59(8) substitute –
“(8)An offence against subsection (1A), (3), (4), (5), (6) or (7) is an offence of absolute liability.”.
11.Information that record keeper must record
(1)For section 62(2) substitute –
“(2)A record keeper is:
(a)if an employed driver is working under standard hours or under a work/rest hours exemption that was not granted in combination with an operator’s BFM or AFM accreditation – the employer; or
(b)if a self‑employed driver is working under standard hours or under a work/rest hours exemption that was not granted in combination with an operator’s BFM or AFM accreditation – the self‑employed driver; or
(c)if an employed or self‑employed driver is working under an operator’s BFM or AFM accreditation or a work/rest hours exemption that was granted in combination with an operator’s BFM or AFM accreditation – the operator.
Note:Section 91 provides that a work/rest hours exemption may be granted in combination with an operator’s BFM or AFM accreditation.”.
(2)In section 62(3A), after “AFM accreditation” insert “or under a work/rest hours exemption (whether or not granted in combination with an operator’s BFM or AFM accreditation)”.
(3)In section 62(8A), before “transferred” insert “electronically”.
(4)After section 62(9) insert –
“(9A)If a driver uses an electronic work diary, the record keeper must ensure:
(a)that the information recorded in the diary on a specific day is electronically transferred to the record keeper within 21 days after that day; or
(b)that the driver complies with subsection (8).
Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.”.
12.Minor amendment
In section 71(7), after “subsection (2)” insert “or (3)”.
13.Issue of written work diaries
In section 73(5), for “replace a work diary” substitute “replace an existing written work diary”.
14.Approval of electronic work diaries
(1)After section 74(5) insert –
“(6)If the Authority does not make the decision sought by an applicant, the Authority must also give the applicant a written notice that states:
(a)the Authority’s decision; and
(b)the reasons for the decision; and
(c)that the applicant may apply to have the decision reconsidered.”.
(2)For section 75A(2) substitute –
“(2)The person who, immediately before the cancellation took effect, held the approval must remove from any diaries in his, her or its possession any label that relates to the former approval.
Court‑imposed penalty: $6 000.
(2A)The Authority may direct the person who, immediately before the cancellation took effect, held the approval to notify in writing each person to whom he, she or it has supplied any diary under the approval that the approval has been cancelled and that any label on any such diary still in the person’s possession should be removed.
(2B)If the Authority gives a direction to a person under subsection (2A), the person must comply with the direction.
Court‑imposed penalty: $6 000.
(2C)With the consent of the Authority, a person may comply with subsection (2A) by publishing details of the cancellation, and any further details specified by the Authority, using at least 2 of the following methods:
(a)by notice published in a newspaper specified by the Authority;
(b)by notice published in a journal or newsletter specified by the Authority;
(c)on a website specified by the Authority.
(2D)Nothing in this section prevents the Authority from publishing details of the cancellation by whatever means it thinks appropriate.
Example:The Authority may publish the cancellation by gazettal or on a website.
(3)After section 75A(3) insert –
“(4)An offence against this section is an offence of absolute liability.
(5)However, a person charged with the offence has the benefit of the reasonable steps defence.
Note:Section 24 explains the reasonable steps defence.”.
(4)For section 75B(1)(a) substitute –
“(a)for a specified period not exceeding 1 year;”.
15.Insertion of new section 76A
After section 76 insert –
“76ANotice of variation of approval
(1)This section applies if:
(a)the Authority varies the approval of an electronic work diary; and
(b)in the Authority’s opinion, the variation will, or is likely to, significantly affect the way the diary is to be used.
(2)The Authority may direct the person who, immediately before the variation took effect, held the approval to notify in writing each person to whom he, she or it has supplied any diary under the approval that the approval has been varied.
(3)If the Authority gives a direction to a person under subsection (2), the person must comply with the direction.
Court‑imposed penalty: $6 000
(4)With the consent of the Authority, a person may comply with subsection (3) by publishing details of the variation, and any further details specified by the Authority, using at least 2 of the following methods:
(a)by notice published in a newspaper specified by the Authority;
(b)by notice published in a journal or newsletter specified by the Authority;
(c)on a website specified by the Authority.
(5)Nothing in this section prevents the Authority from publishing details of the cancellation by whatever means it thinks appropriate.
Example:The Authority may publish the cancellation by gazettal or on a website.
(6)An offence against this section is an offence of absolute liability.
(7)However, a person charged with the offence has the benefit of the reasonable steps defence.
Note:Section 24 explains the reasonable steps defence.”.
16.Consequential amendments
(1)In section 76A –
(a)for “76A” substitute “76B”;
(b)for subsection (1)(a) substitute –
“(a)in accordance with the manufacturer’s specifications, as varied by any conditions imposed by the Authority; and”.
(2)In section 76B –
(a)for “76B” substitute “76C”;
(b)after subsection (2) insert –
“Examples
·A statement by a driver describing how the driver operated the electronic work diary
·A statement by the owner of an electronic work diary describing how the electronic work diary has been maintained
·A statement by the record keeper that certain data was transmitted to the record keeper by the electronic work diary”.
17.Driver must carry AFM accreditation details
For the penalty at the end of section 86(2) substitute –
“Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.”.
18.Minor amendment
In section 87(4), for “(1) or (2)” substitute “(1), (2) or (3)”.
19.Work/rest hours exemption
(1)For sections 91(2) and (3) substitute –
“(2)The Authority may grant a work/rest hours exemption to:
(a)an employer, prime contractor, operator or self‑employed driver who applies for the exemption; or
(b)a class of person, without the need for anyone to apply for the exemption.
(3)An employer, prime contractor, operator or self‑employed driver who wants a work/rest hours exemption must apply to the Authority in accordance with section 93.”.
(2)In section 91(5) –
(a)for paragraph (d) substitute –
“(d)if the proposed work and rest times could be accommodated within BFM or AFM hours – BFM or AFM accreditation would be unreasonable for the proposed operation in safely managing fatigue risks.”;
(b)omit the note at the end of the section (but not the drafting note).
(3)After section 91(5) insert –
“(6)The Authority may grant a work/rest hours exemption in combination with an operator’s BFM or AFM accreditation.
(7)If the Authority grants a work/rest hours exemption in combination with an operator’s BFM or AFM accreditation, it is a condition of the exemption that a driver must not work under the exemption unless the driver and the operator comply with all the requirements imposed on them under that accreditation.
(8)In any period specified in a work/rest hours exemption, a driver to whom the exemption applies:
(a)must not work for more than the maximum work time specified in the exemption; and
(b)must have at least the minimum rest time specified in the exemption.
Penalty: the penalty for the category of offence mentioned in column 4.
Note:Section 106 explains how an offence is specified as a minor risk offence, a substantial risk offence, a severe risk offence or a critical risk offence. Section 110 sets out the penalties for each category of offence.
(9)A party in the chain of responsibility for the regulated heavy vehicle must ensure the driver does not contravene subsection (8).
Penalty: the penalty for the category of offence mentioned in column 4.
Note:Section 106 explains how an offence is specified as a minor risk offence, a substantial risk offence, a severe risk offence or a critical risk offence. Section 110 sets out the penalties for each category of offence.
(10)An offence against subsection (8) or (9) is an offence of absolute liability.
(11)However, a party charged with an offence against subsection (8) or (9) has the benefit of the reasonable steps defence.
Note:Section 24 explains the reasonable steps defence.
(12)In this section, a reference to a column by number is a reference to the column of that number in the following table:
Work/rest hours exemption—Penalties
|
Column 1 Total period |
Column 2 Maximum work |
Column 3 Minimum rest time |
Column 4 Offence category |
| In any period of … | If a driver has exceeded the maximum work time by … | If a driver has had less than the minimum rest time by … | … the following category of offence is committed … |
| Less than 7 days | £ 45 mins work time | £ 45 mins rest time | minor risk |
| > 45 but £ 75 mins work time | > 45 but £ 75 mins rest time | substantial risk | |
| > 75 but £ 90 mins work time | > 75 but £ 90 mins rest time | severe risk | |
| > 90 mins work time | > 90 mins rest time | critical risk | |
| 7 days or more | £ 1½ hours work time | minor risk | |
| > 1½ but £ 2½ hours work time | substantial risk | ||
| > 2½ but £ 3 hours work time | severe risk | ||
| > 3 hours work time | critical risk |
”.
20.Insertion of sections 94A and 94B
After section 94 insert –
“94ADriver must carry exemption
(1)At all times while working under an exemption, a driver must have in his or her possession a copy of the exemption.
Note:An authorised officer or police officer may direct a driver to produce a record required to be kept by the driver – see section 44 of the C & E Act.
Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.
(2)The employer of an employed driver, the prime contractor of a self‑employed driver and the operator of a regulated heavy vehicle that is being, or is to be, driven by a driver must ensure the driver does not contravene subsection (1).
Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.
(3)If the exemption has been granted to an employer, an employed driver working under the exemption must return the copy of the exemption to the employer if the driver:
(a)ceases to work for the employer or under the exemption; or
(b)ceases to meet the requirements relating to drivers under the exemption.
Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.
(4)If the exemption has been granted to a prime contractor, a self‑employed driver working under the exemption must return the copy of the exemption to the prime contractor if the driver:
(a)ceases to work for the prime contractor or under the exemption; or
(b)ceases to meet the requirements relating to drivers under the exemption.
Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.
(5)If the exemption has been granted to an operator, a driver working under the exemption must return the copy of the exemption to the operator if the driver:
(a)ceases to work under the exemption; or
(b)ceases to meet the requirements relating to drivers under the exemption.
Note:Section 91 provides that a work/rest hours exemption may be granted in combination with BFM or AFM accreditation.
Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.”.
94BConditions of exemptions
(1)An exemption is subject to any conditions stated in the exemption or specified by the regulations.
(2)A person who is granted an exemption must not contravene a condition of the exemption.
Court‑imposed penalty: $6 000.
(3)An offence against subsection (2) is an offence of strict liability.”.
21.Insertion of Division 6.1A
After section 106 insert –
“Division 6.1A—Extra‑territorial offences
106AProceedings may be taken in respect of an offence regardless of where it occurs
Proceedings may be taken against a person in respect of a possible offence under this Act or a corresponding fatigue law, and the person may be convicted of the offence, or be otherwise dealt with in relation to the offence under this Part, even if the offence was, or appears to have been, committed by the person while the person was not in [this jurisdiction].”.
22.Penalties
(1)In section 110(5), for the table substitute –
“
| Offence category | Infringement notice penalty | Court imposed penalty | Demerit points | |
| 1st offence | 2nd or subsequent offence | |||
| minor risk |
for a breach concerning the minimum rest time required in any total period of 12 hours or less – $200 for any other breach – $300 |
$1 000 | $1 000 | not available |
| substantial risk | $600 | $2 000 | the court‑imposed penalty for a severe risk offence | not available |
| severe risk | not available | $5 000 | the court‑imposed penalty for a critical risk offence | 3 demerit points |
| critical risk | not available | $10 000 |
$10 000 + $1 000 per 15 min breach |
4 demerit points |
”.
(2)In section 110(6), for the table substitute –
“
| Offence category | Infringement notice penalty | Court imposed penalty | Demerit points | |
| 1st offence | 2nd or subsequent offence | |||
| substantial risk | $600 | $2 000 | the court‑imposed penalty for a severe risk offence | not available |
| severe risk | not available | $5 000 | the court‑imposed penalty for a critical risk offence | 3 demerit points |
| critical risk | not available | $10 000 | $10 000 | 4 demerit points |
”.
23.Decisions that may be reconsidered and reviewed
(1)In section 120, insert as the first items in the table –
“
| 1 | 74 | decision not to approve an electronic work diary |
| 2 | 75 | decision not to vary the approval of an electronic work diary on application |
| 3 | 76 | decision to vary or cancel the approval of an electronic work diary without application |
”.
(2)In section 120, in the table, in the item that was numbered –
(a)“1” before subsection (1) took effect, for “1” substitute “4”;
(b)“2” before subsection (1) took effect, for “2” substitute “5”;
(c)“3” before subsection (1) took effect, for “3” substitute “6”;
(d)“4” before subsection (1) took effect, for “4” substitute “7”;
(e)“5” before subsection (1) took effect, for “5” substitute “8”;
(f)“6” before subsection (1) took effect, for “6” substitute “9”;
(g)“7” before subsection (1) took effect, for “7” substitute “10”;
(h)“8” before subsection (1) took effect, for “8” substitute “11”;
(i)“9” before subsection (1) took effect, for “9” substitute “12”;
(j)“10” before subsection (1) took effect, for “10” substitute “13”;
(k)“11” before subsection (1) took effect, for “11” substitute “14”.
24.Substitution of section 132
For section 132 substitute –
“132Existing logbooks
(1)A driver may continue to use a logbook issued under the old Regulations as if it was a work diary for the purposes of this Act:
(a)if the driver is working under standard hours – for 90 days after the commencement of this section or until the driver has obtained a work diary, whichever occurs first; or
(b)if the driver is working under BFM hours as permitted by section 124 – for 14 days after the commencement of this section or until the driver has obtained a work diary, whichever occurs first; or
(c)if the driver is working under BFM hours in any other circumstance or under AFM hours – for 14 days after the commencement of this section or until the driver has obtained a work diary, whichever occurs first.
(2)A driver who is using a logbook under subsection (1) must comply with Part 4 of the old Regulations as if it continued to apply.
(3)If a driver is working under the hours specified in a Fatigue Management Scheme exemption under the old Regulations as permitted by section 124, the driver may continue to use a document specified in that exemption as if it was a work diary for the purposes of this Act for the period specified in section 124 or until the exemption is cancelled.
(4)For the purposes of this section:
(a)a reference in section 62 to a work diary is to be read as if it was a reference to the logbook; and
(b)if the driver is working under BFM hours as permitted by section 124 – the driver’s employer is the record keeper for the purposes of section 62; and
(c)a reference in section 73 to an existing written work diary is to be read as if it was a reference to the logbook.
132ARecord keeping obligations continue
An obligation on an employer or a self‑employed driver to keep copies of a driver’s driving records made under the old Regulations continues for 12 months after the commencement of this section as if regulation 61 or 62 of the old Regulations continued to apply.”.
25.Amendment to definition
In the Dictionary, in the definition of “malfunction”, in the list of examples of an electronic work diary malfunctioning, after the last example insert –
“•the data storage on the work diary becoming full”.
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. 4) Regulations 2009 (SLI No. 240, 2009) | 21 Sept 2009 (F2009L03555) | 22 Sept 2009 (r 2) | |
| Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 | 29 Feb 2016 (F2016L00170) | Sch 1 (item 29): 5 Mar 2016 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| r 3............................................. | am F2016L00170 |
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