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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--FATIGUE MANAGEMENT) REGULATION 2008 No. 296 - SECT 11

11 When person regarded to have taken all reasonable steps--reasonable steps defence

(1) This section applies in relation to proceedings for an offence against a provision of this regulation if, under this regulation, the person charged has the benefit of the reasonable steps defence.

(2) Without limiting the circumstances in which things done or omitted to be done by the person charged with the offence to which the proceedings relate constitute reasonable steps, the person is to be regarded as having taken all reasonable steps if the person did all of the following to prevent the act or omission that led to the contravention to which the offence relates--

(a) identified and assessed--
(i) the risks that the contravention may occur; and
(ii) if there is a substantial risk that the contravention may occur--the measures the person may take to eliminate the risk or, if it is not reasonably possible to eliminate the risk, to minimise the risk;
(b) carried out the identification and assessment mentioned in paragraph (a)--
(i) at least annually; and
(ii) after each event that may significantly increase the risk of the contravention occurring;
(c) took the measures identified and assessed under paragraph (a)(ii);
(d) documented each action the person has taken under this section--
(i) during the past 3 years; or
(ii) if 3 years have not passed since the commencement of this section--from the commencement of this section.


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