Document ID: chunk:federal_register_of_legislation:F2016C00529:schedule:1:p4
Version: federal_register_of_legislation:F2016C00529
Segment Type: schedule
Provision Reference: sch 1 (pt 4/8)
Character Range: 11498–14260

after "subsection (2)" insert "or (3)".

13.  Issue of written work diaries
  In section 73(5), for "replace a work diary" substitute "replace an existing written work diary".

14.  Approval of electronic work diaries
 (1) After section 74(5) insert –
 "(6) If the Authority does not make the decision sought by an applicant, the Authority must also give the applicant a written notice that states:
 (a) the Authority's decision; and
 (b) the reasons for the decision; and
 (c) that the applicant may apply to have the decision reconsidered.".
 (2) For section 75A(2) substitute –
 "(2) The person who, immediately before the cancellation took effect, held the approval must remove from any diaries in his, her or its possession any label that relates to the former approval.
Court‑imposed penalty: $6 000.
 (2A) The Authority may direct the person who, immediately before the cancellation took effect, held the approval to notify in writing each person to whom he, she or it has supplied any diary under the approval that the approval has been cancelled and that any label on any such diary still in the person's possession should be removed.
 (2B) If the Authority gives a direction to a person under subsection (2A), the person must comply with the direction.
Court‑imposed penalty: $6 000.
 (2C) With the consent of the Authority, a person may comply with subsection (2A) by publishing details of the cancellation, and any further details specified by the Authority, using at least 2 of the following methods:
 (a) by notice published in a newspaper specified by the Authority;
 (b) by notice published in a journal or newsletter specified by the Authority;
 (c) on a website specified by the Authority.
 (2D) Nothing in this section prevents the Authority from publishing details of the cancellation by whatever means it thinks appropriate.
Example: The Authority may publish the cancellation by gazettal or on a website.
 (3) After section 75A(3) insert –
 "(4) An offence against this section is an offence of absolute liability.
 (5) However, a person charged with the offence has the benefit of the reasonable steps defence.
Note: Section 24 explains the reasonable steps defence.".
 (4) For section 75B(1)(a) substitute –
 "(a) for a specified period not exceeding 1 year;".

15.  Insertion of new section 76A
  After section 76 insert –
"76A  Notice of variation of approval
 (1) This section applies if:
 (a) the Authority varies the approval of an electronic work diary; and
 (b) in the Authority's opinion, the variation will, or is likely to, significantly affect the way the diary is to be used.
 (2) The Authority may direct the person who, immediately before the variation took effect, held the approval to notify in writing each person to whom