Page 3288 - Week 09 - Tuesday, 18 August 2009

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Note 1 Registered industry code of practice—see s 222.

Note 2 The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

(3) However, subsection (2) is not available unless the defendant gives notice of intention to establish the matters mentioned in subsection (2) to the prosecution at least 28 working days before the day when the matter is to be heard.

Clause 200 (3)

Page 100, line 23—

omit

if the officer or person believes that—

substitute

if the officer or person believes on reasonable grounds that—

Proposed new division 2.5.4

Page 117, line 2—

insert

Division 2.5.4 Registered industry codes of practice

222 Meaning of registered industry code of practice

In this chapter:

registered industry code of practice means an industry code of practice that is registered by—

the road transport authority under section 224; or

a corresponding road transport authority under a corresponding heavy vehicle road law.

223 Guidelines for industry codes of practice

(1) The road transport authority may issue guidelines about the preparation and contents of an industry code of practice.

Note Power to make an instrument includes power to amend or repeal the instrument (Legislation Act, s 46).

(2) The guidelines may make provision in relation to—

(a) the review of a registered industry code of practice; and

(b) the period for which registration, under section 224, of an industry code of practice remains in force (unless sooner revoked).

(3) A guideline is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

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