Heavy Vehicle National Law Act 2012

It is a ground for amending or cancelling a fatigue record keeping exemption (notice) if, since the exemption was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.

If the Regulator considers a ground exists to amend or cancel a fatigue record keeping exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5).

The Regulator must publish a public notice—

stating that the Regulator believes a ground exists to amend or cancel the exemption; and

outlining the facts and circumstances forming the basis for the belief; and

stating the action the Regulator is proposing to take under this section (the proposed action); and

inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.

If, after considering all written representations made under subsection (3)(d), the Regulator still considers the circumstances in which the Regulator may grant the fatigue record keeping exemption (notice) are no longer satisfied, the Regulator may—

if the proposed action was to amend the exemption—amend the exemption in a way that is not substantially different from the proposed action, including, for example, by—

amending the class of work to which the exemption applies; or

amending the conditions of the exemption; or

if the proposed action was to cancel the exemption—

amend the exemption, including, for example, by amending the exemption in a way mentioned in paragraph (a)(i) or (ii); or

cancel the exemption.

The Regulator must publish a public notice of the amendment or cancellation.

The amendment or cancellation takes effect—

28 days after the Commonwealth Gazette notice is published under subsection (5); or

if a later time is stated in the Commonwealth Gazette notice, at the later time.