Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_62:p2
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 62 (pt 2/3)
Character Range: 126094–128758

penalty: $2 000.

Infringement notice penalty: $600.
Note 1: Section 55(2) explains what the record location is.
Note 2: An authorised officer or police officer may direct a record keeper to produce a record required to be kept by the record keeper—see section 44 of the C & E Act.
 (7) The record keeper must keep the records in way that ensures:
 (a) they are readable and reasonably capable of being understood; and
 (b) are capable of being used as evidence.

Court‑imposed penalty: $2 000.

Infringement notice penalty: $600.
Example: A record keeper should keep copies of records in storage facilities that will ensure the records do not degrade or could become unreadable. This could include scanning relevant hard copy records and retaining them in electronic format if they remain clearly readable.
 (8) The driver must give:
 (a) a copy of his or her work diary and any supplementary records made under section 59 for a day to the record keeper; or
 (b) if the driver has 2 or more record keepers on that day, a copy of the work diary and any supplementary records to each record keeper,
within 21 days after that day.

Court‑imposed penalty: $2 000.

Infringement notice penalty: $600.
 (9) The record keeper must ensure that the driver complies with subsection (8).

Court‑imposed penalty: $2 000.

Infringement notice penalty: $600.
 (10) If a driver changes record keepers, the driver must, before driving a regulated heavy vehicle for the new record keeper, give the new record keeper a copy of the information recorded in any work diary that the driver was required to keep in the 28 days before the change occurred that relates to that 28 day period.

Court‑imposed penalty: $2 000.

Infringement notice penalty: $600.
 (11) If subsection (10) imposes a duty on a driver, the new record keeper must not require or allow the driver to drive a regulated heavy vehicle on the new record keeper's behalf unless the driver has complied with subsection (10).

Court‑imposed penalty: $2 000.

Infringement notice penalty: $600.
 (12) If the driver's work diary is an electronic work diary, the record keeper must give the driver a printout of the information recorded in the work diary for any relevant day on which the driver was using the electronic work diary before the driver stops using the electronic work diary.

Court‑imposed penalty: $2 000.

Infringement notice penalty: $600.
 (13) An offence against this section is an offence of absolute liability.
 (14) However, a person charged with the offence has the benefit of the reasonable steps defence.
Note: Section 24 explains the reasonable steps defence.

Division 4.4—False work records etc.