Queensland Subordinate Legislation as Made

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--FATIGUE MANAGEMENT) REGULATION 2008 No. 296 - SECT 154

154 Grant of class work and rest hours exemption

(1) The chief executive may, by gazette notice, grant an exemption, with or without conditions, to allow a class of persons to whom the exemption applies to work under the maximum periods of work and minimum periods of rest stated in the exemption (a class work and rest hours exemption).

(2) The chief executive may grant a class work and rest hours exemption only if the chief executive is satisfied--

(a) compliance with the provision of this regulation in relation to which the exemption applies would be an unreasonable restriction on operations conducted by the class of persons; and
(b) the driver fatigue management practices that are to apply to the class of persons under the exemption would, if followed, safely manage fatigue risks; and
(c) the class of persons to which the exemption is to apply is likely to follow the practices consistently and effectively; and
(d) if the maximum periods of work and minimum periods of rest to apply under the exemption could be accommodated within BFM accreditation or AFM accreditation--the requirements applying to BFM accreditation or AFM accreditation would be unreasonable for the operations conducted by the class of persons, having regard to the nature of the operations.

(3) An exemption takes effect--

(a) when the exemption is gazetted; or
(b) if a later time is stated in the gazette notice, at the later time.

(4) An exemption applies for the period of not longer than 3 years stated in the gazette notice.

(5) The gazette notice is not subordinate legislation.

(6) However, the Statutory Instruments Act 1992, sections 49 to 51 apply to the gazette notice as if it were subordinate legislation.

Note--
These provisions deal with the tabling in, and disallowance by, the Legislative Assembly of subordinate legislation.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback