(1) This section applies in relation to a proceeding for an offence against this Part that may be committed by a person failing to take all reasonable steps to ensure someone else does not drive a fatigue-regulated heavy vehicle while impaired by fatigue (prohibited act).
(2) For the purposes of subsection (1), a person failing to take all reasonable steps to ensure someone else does not do a prohibited act includes—
(a) the person failing to take reasonable steps to ensure the other person does not do the prohibited act; and
(b) the person failing to take reasonable steps to ensure the person's activities, or anything arising out of the person's activities, do not—
(i) cause the other person to do the prohibited act; or
(ii) result in the other person doing the prohibited act; or
(iii) provide an incentive for the other person to do the prohibited act.
(3) Subsection (4) applies if—
(a) a person does an act or makes an omission; and
(b) as a result of the act or omission someone else does a prohibited act.
(4) A court may find the person caused the other person to do the prohibited act if the court is satisfied a reasonable person would have foreseen the person's act or omission would be reasonably likely to cause the other person to do the prohibited act.