(ii) the Criminal Code , section 328A or a
corresponding law, if the contravention is the major significant factor
causing the event; or
(b) during or after—
(i) a substantial delay before
the worker starts the journey; or
(ii) a substantial interruption of, or
deviation from, the journey.
(3) However, subsection (2) (b) does not apply
if—
(a) the reason for the delay, interruption or deviation is connected
with the workers’ employment; or
(b) the delay, interruption or deviation
arises because of circumstances beyond the worker’s control.
(4) For
subsection (2) (b) (i) , in deciding whether there has been a substantial
delay before the worker starts the journey, regard must be had to the
following matters—
(a) the reason for the delay;
(b) the actual or
estimated period of time for the journey in relation to the actual or
estimated period of time for the delay.
(5) For subsection (2) (b) (ii) , in
deciding whether there has been a substantial interruption of, or deviation
from the journey, regard must be had to the following matters—
(a) the
reason for the interruption or deviation;
(b) the actual or estimated period
of time for the journey in relation to the actual or estimated period of time
for the interruption or deviation;
(c) for a deviation—the distance
travelled for the journey in relation to the distance travelled for the
deviation.
(6) In subsection (2) (a) (i) and (ii) —
"corresponding law" means a law of another State that is substantially
equivalent—
(a) for subsection (2) (a) (i) —to the law mentioned in that
provision; or
(b) for subsection (2) (a) (ii) —to the law mentioned in that
provision.