Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_60
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 60
Character Range: 121077–122735

60  Malfunctioning odometers
 (1) It is a defence for an offence against subsection 57(4)(d) for the driver to prove that:
 (a) at the time of the offence, the odometer was malfunctioning; and
 (b) within 2 business days after the offence, the driver had complied with subsection (3).
 (2) The owner of a regulated heavy vehicle must ensure that an odometer that is fitted to the vehicle is maintained to the standard prescribed by the regulations.

Court‑imposed penalty: $4 000.

Infringement notice penalty: $800.
 (3) If the driver of a regulated heavy vehicle becomes aware or reasonably suspects that an odometer fitted to the vehicle is malfunctioning, the driver must inform the following persons of that as soon as practicable (but within 2 business days):
 (a) the owner of the vehicle; and
 (b) if the driver is an employed driver—the driver's employer; and
 (d) the operator of the vehicle.

Court‑imposed penalty: $4 000.

Infringement notice penalty: $800.
 (4) As soon as is practicable after being informed under subsection (3), the owner of the regulated heavy vehicle must ensure that the odometer is examined and brought into working order.

Court‑imposed penalty: $4 000.
Infringement notice penalty: $800.
 (5) The driver's employer and the operator of the vehicle must ensure that the owner complies with subsection (4).

Court‑imposed penalty: $4 000.
Infringement notice penalty: $800.
 (6) An offence against subsections (2), (3), (4) or (5) is an offence of absolute liability.
 (7) However, a person charged with the offence has the benefit of the reasonable steps defence.
Note: Section 24 explains the reasonable steps defence.