National Livestock Welfare Work and Rest Exemption Notice 2026 (No.1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2026G00047 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

1. Purpose

To exempt drivers of fatigue-regulated heavy vehicles carrying livestock from specified work time requirements if additional time is needed to respond to situations where the welfare of the livestock is or was at risk.

Note: This Notice replaces the National Livestock Welfare Work and Rest Exemption Notice 2023 (No.1) upon its expiry.

2. Authorising Provision(s)

This notice is made under Section 266 of the Heavy Vehicle National Law as in force in participating jurisdictions.

3. Title

This notice may be cited as the National Livestock Welfare Work and Rest Exemption Notice 2026 (No.1).

4. Commencement

This notice commences on 10 February 2026.

5. Expiry

This notice expires on 9 February 2029.

6. Definitions

1) Unless otherwise stated, words and expressions used in this Notice have the same meaning as those defined in the Heavy Vehicle National Law.

2) In this Notice—

Livestock means animals of a class of cattle, sheep, goats, pigs, horses, poultry, emus, ostrich, alpaca, deer, camel or buffalo.

Note: the above definition is drawn from the set of animals with welfare rights under the Australian Animal Welfare Standards and Guidelines – Land Transport of Livestock.

Livestock welfare incident means a reasonably unforeseeable event or set of circumstances arising in the course of a journey that adversely impacts on the welfare of livestock carried as part of a vehicle’s load.

7. Application

1) This Notice applies to the solo drivers of fatigue-regulated heavy vehicles who are operating under standard hours or BFM hours, where:

a) the load of the vehicle is livestock; and

b) a livestock welfare incident occurs in the course of a journey; and

c) the driver takes action to correct or mitigate the incident or circumstances; and

d) as a result of taking that action the driver will exceed maximum work hours before the livestock can be unloaded at the livestock’s designated point of delivery.

2) This Notice also applies when a solo driver of a fatigue-regulated heavy vehicle reasonably believes that compliance with standard hours or BFM hours work and rest limits will result in a livestock welfare incident, and that using this exemption will remove or reduce the risk of that incident.

8. Exemption

1) This notice provides an exemption for maximum work requirements and minimum rest requirements in the following instances:

a) If the driver is operating under standard hours, s5(1) and (2) of the Heavy Vehicle (Fatigue Management) National Regulation; or

b) if the driver is operating under Basic Fatigue Management Accreditation, s9(1) and

(2) of the Heavy Vehicle (Fatigue Management) National Regulation.

9. Conditions – Maximum Work Times

1) The maximum work times that apply to a driver operating under this exemption are as follows:

a) a driver operating under standard hours may work a maximum of:

i. 13 hours in any period of 24 hours; and

ii. 73 hours in any period of 7 days, only when this exemption applies during the last 24 hours in the 7 day period; and

iii. 146 hours in any period of 14 days, only when this exemption applies during the last 24 hours in the 14-day period.

b) a driver operating under BFM hours may work a maximum of:

i. 15 hours in any period of 24 hours; and

ii. 145 hours in any period of 14 days, only when this exemption applies during the last 24 hours in the 14-day period.

10. Conditions – Minimum Rest Times

1) The minimum rest times in a 24-hour period that apply to a driver operating under this exemption are as follows:

a) a driver operating under Standard hours must have a period of continuous stationary rest time of at least 7 hours plus twice the amount of time the driver worked in excess of 12 hours in accordance with this exemption between finishing work that day and starting the next work period or

b) a driver operating under BFM hours must have a period of continuous stationary rest time of at least 7 hours plus twice the amount of time the driver worked in excess of 14 hours in accordance with this exemption between finishing work that day and starting the next work period.

11. Conditions – Record Keeping

1) The driver must, as soon as practicable after becoming aware they will be working under the exemption, make a record in their work diary on that same day, which includes the following information:

a) the amount of time spent working under this exemption; and

b) the circumstances which resulted in risks to the welfare of the livestock; and

c) the time, date and location when the driver became aware of these circumstances.

2) The written record required to be made by the driver must:

a) in the case of a driver who is required to record information in a work diary on the day on which the driver operated in accordance with this exemption – be made in the comments section of driver’s work diary, on the relevant daily work record and provided to the driver’s record keeper within 21 days; or

b) in any other case – be made recorded and provided to the driver’s record keeper as soon as practicable, but no later than 21 days.

c) The record keeper of the driver must keep the record for 3 years after it is created.

Paul Daly

Director Strategic Policy

National Heavy Vehicle Regulator

Overview

The National Livestock Welfare Work and Rest Exemption Notice 2026 (No.1), enacted by the National Heavy Vehicle Regulator under Section 266 of the Heavy Vehicle National Law, aims to address the issue of livestock welfare incidents during transport by heavy vehicles. This Notice replaces the National Livestock Welfare Work and Rest Exemption Notice 2023 (No.1) and provides a legal framework for drivers to take necessary actions to protect the welfare of livestock, even if such actions result in exceeding work time limits. The policy objective is to allow drivers to manage unforeseen circumstances that threaten livestock welfare, ensuring compliance with welfare standards while balancing the operational requirements of the transport industry. The Notice specifies the conditions and maximum and minimum work and rest periods for drivers operating under standard hours or Basic Fatigue Management Accreditation, and mandates record-keeping requirements to document the circumstances leading to the exemption.

Scope and Application

The National Livestock Welfare Work and Rest Exemption Notice 2026 (No.1) applies to solo drivers of fatigue-regulated heavy vehicles who are transporting livestock and are operating under either standard hours or Basic Fatigue Management (BFM) hours. This exemption becomes applicable when a livestock welfare incident occurs during the journey, necessitating additional time to address the welfare needs of the animals. Additionally, the exemption is available if a driver reasonably believes that adhering to standard hours or BFM hours could result in a livestock welfare incident, and using this exemption would mitigate or eliminate the risk of such an incident. The notice specifies maximum work hours and minimum rest requirements for drivers operating under the exemption, and requires drivers to maintain detailed records of their work hours and the circumstances surrounding the livestock welfare incident. This notice is made under Section 266 of the Heavy Vehicle National Law as in force in participating jurisdictions, and it serves to replace the National Livestock Welfare Work and Rest Exemption Notice 2023 (No.1) upon its expiry. The exemption applies nationally across all participating jurisdictions, ensuring consistency in the treatment of livestock welfare incidents and driver fatigue management throughout Australia.

Key Provisions

The National Livestock Welfare Work and Rest Exemption Notice 2026 (No.1) provides exemptions to drivers of fatigue-regulated heavy vehicles that carry livestock. This exemption allows drivers to exceed specified work time requirements if additional time is necessary to address incidents affecting livestock welfare (Section 7). The Notice applies to solo drivers operating under standard hours or Basic Fatigue Management (BFM) hours when a livestock welfare incident occurs, and the driver must take action to mitigate the incident, which leads to exceeding the work hours (Section 7(a)-(d)). It also applies if a driver reasonably believes that adhering to standard or BFM hours could result in a livestock welfare incident (Section 7(e)). The Notice exempts drivers from certain maximum work and minimum rest requirements under the Heavy Vehicle (Fatigue Management) National Regulation (Section 8). Specifically, under standard hours, a driver may work up to 13 hours in 24 hours, 73 hours in 7 days, and 146 hours in 14 days, provided the exemption applies in the last 24 hours of the 7 or 14-day period (Section 9(a)). Under BFM hours, a driver may work up to 15 hours in 24 hours and 145 hours in 14 days, provided the exemption applies in the last 24 hours of the 14-day period (Section 9(b)). The Notice imposes several obligations on drivers who qualify for the exemption. Drivers must keep detailed records of the time spent working under the exemption, the circumstances leading to the livestock welfare incident, and the date and location of when they became aware of these circumstances (Section 11(a)). The records must be made in the driver’s work diary on the same day the exemption is applied and provided to the driver’s record keeper within 21 days (Section 11(b)). The record keeper must retain these records for three years after they are created (Section 11(c)). Failure to comply with these record-keeping requirements may have legal consequences. Breach of the requirements set out in the Notice may lead to legal consequences. While the Notice does not explicitly state the penalties for non-compliance, breaches of the Heavy Vehicle National Law, under which this Notice is made, can result in both criminal and civil penalties. For example, drivers found to be in breach of the law may face fines, and in severe cases, imprisonment. Additionally, employers may also be held liable for breaches committed by their employees, potentially leading to higher penalties. The exact penalties would depend on the specific breach and the jurisdiction in which it occurs.

Area of Law: Commercial Law; Environmental Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards
Catchwords: Livestock welfare incident

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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