Document ID: chunk:federal_register_of_legislation:F2016C00582:schedule:1:p6
Version: federal_register_of_legislation:F2016C00582
Segment Type: schedule
Provision Reference: sch 1 (pt 6/9)
Character Range: 16697–19324

the record keeper under this Act; and
 (b) the other person is also liable under this Act, in respect of any obligation imposed on the record keeper as a record keeper that is covered by the terms of the engagement, as if he, she or it was the record keeper.".

18.  Recording of information by record keeper
 (1) In section 62(3)(a), after "record" insert " the following information as soon as possible after receiving it".
 (2) After section 62(8) insert –
 "(8A) Subsection (8) does not apply with respect to any entries that are transferred from an electronic work diary to the record keeper within the 21 day period referred to in that subsection.".
 (3) After section 62(9) insert –
 "(9A) If a driver uses an electronic work diary, the record keeper must ensure that the information recorded in the diary on a specific day is transferred, or otherwise given, to the record keeper within 21 days after that specific day.
Court‑imposed penalty: $6 000.".

19.  Tampering with electronic work diaries
 (1) In section 71(4) –
 (a) in paragraph (d), for "diary." substitute "diary; or";
 (b) after paragraph (d) insert –
 "(e) results in inaccurate data being recorded by the diary; or
 (f) may result in inaccurate data being recorded by the diary.".
 (2) After section 71(4) insert –
 "(4A) A person also tampers with an electronic work diary if the person tampers or otherwise interferes with any electronic signal that is sent to, or from, the diary, and that conduct has any of the effects listed in subsection (4).".
 (3) After section 71(7) insert –
 "(8) If a person is charged with an offence against subsection (1) and the alleged offence involves tampering or otherwise interfering with any electronic signal that is sent to, or from, an electronic work diary, it is a defence to the charge if the person proves that he or she was not aware, and could not reasonably be expected to have been aware, that the activity that constituted the alleged tampering or interfering would interfere with the electronic signal.
 (9) Subsection (8) does not apply to a driver who was using the electronic work diary or to the driver's record keeper.".

20.  Electronic work diaries
 (1) For section 74(3) substitute –
 "(3) The Authority may approve a system of recording information electronically for use as an electronic work diary for the purposes of this Act if it is satisfied that the system:
 (a) is suitable for fitting to, or for use in, a regulated heavy vehicle; and
 (b) has a mechanism that readily indicates to the driver of the vehicle that the system is, or is not, properly functioning; and
 (c) is capable of