Document ID: chunk:federal_register_of_legislation:F2016C00529:schedule:1:p3
Version: federal_register_of_legislation:F2016C00529
Segment Type: schedule
Provision Reference: sch 1 (pt 3/8)
Character Range: 8943–11755

to record.
Court‑imposed penalty: $4 000.
Infringement notice penalty: $800.".
 (2) For section 59(1B)(a) substitute –
 "(a) the driver is given a replacement work diary; or
 (aa) in the case of an electronic work diary that is malfunctioning – the diary is brought into working order; or
 (ab) in the case of an electronic work diary for which a component has been destroyed, lost or stolen – the driver is given a replacement component and the diary is brought into working order; or".
 (3) For section 59(3) substitute –
 "(3) As soon as practicable (but within 2 business days) after the driver becomes aware that subsection (1) applies, the driver must give the Authority written notice, in a form approved by the Authority, of the relevant event that caused that subsection to apply.
Court‑imposed penalty: $4 000.
Infringement notice penalty: $800.".
 (4) For section 59(8) substitute –
 "(8) An offence against subsection (1A), (3), (4), (5), (6) or (7) is an offence of absolute liability.".

11.  Information that record keeper must record
 (1) For section 62(2) substitute –
 "(2) A record keeper is:
 (a) if an employed driver is working under standard hours or under a work/rest hours exemption that was not granted in combination with an operator's BFM or AFM accreditation – the employer; or
 (b) if a self‑employed driver is working under standard hours or under a work/rest hours exemption that was not granted in combination with an operator's BFM or AFM accreditation – the self‑employed driver; or
 (c) if an employed or self‑employed driver is working under an operator's BFM or AFM accreditation or a work/rest hours exemption that was granted in combination with an operator's BFM or AFM accreditation – the operator.
Note: Section 91 provides that a work/rest hours exemption may be granted in combination with an operator's BFM or AFM accreditation.".
 (2) In section 62(3A), after "AFM accreditation" insert "or under a work/rest hours exemption (whether or not granted in combination with an operator's BFM or AFM accreditation)".
 (3) In section 62(8A), before "transferred" insert "electronically".
 (4) After section 62(9) insert –
 "(9A) If a driver uses an electronic work diary, the record keeper must ensure:
 (a) that the information recorded in the diary on a specific day is electronically transferred to the record keeper within 21 days after that day; or
 (b) that the driver complies with subsection (8).
Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.".

12.  Minor amendment
  In section 71(7), 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)