Document ID: chunk:federal_register_of_legislation:F2016C00582:clause:1_75b:p3
Version: federal_register_of_legislation:F2016C00582
Segment Type: clause
Provision Reference: sch 1 cl 75B (pt 3/6)
Character Range: 29961–32637

fatigue management system and meets the requirements relating to drivers under the accreditation; and
 (c) a document that sets out the AFM hours allowed under the accreditation.
Example: It would be sufficient compliance with the requirement in paragraph (c) for a driver to have a record of the AFM hours allowed under the accreditation stored in his or her electronic work diary (as the diary is a document).
Note 1: A driver is already required to record his or her operator's AFM accreditation number under section 57(3)(e).
Note 2: An authorised officer or police officer may direct a driver to produce a record required to be kept by the driver—see section 44 of the C & E Act.
Court‑imposed penalty: $2 000.
Infringement notice penalty: $ 600.".
 (2) After section 86(2) insert –
 "(2A) A driver must immediately return to an operator any document given to him or her by the operator for the purposes of subsection (1)(a) or (b) if the driver:
 (a) ceases to work under an operator's AFM accreditation; or
 (b) ceases to meet the requirements relating to drivers under that accreditation.
Court‑imposed penalty: $2 000.
Infringement notice penalty: $ 600.".
 (3) In section 86(3), for "and (2)" substitute ", (2) or (2A)".
 (4) After section 88(1) insert –
 "(1A) If a driver is informed that an operator's AFM accreditation has changed or ceased, he or she must immediately return to the operator any document given to him or her by the operator for the purposes of section 86(1)(a) or (b).
Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.".
 (5) In section 88(2), after "(1)" insert "or (1A)".

28.  AFM driver details to be supplied to the Authority
  After section 87(3) insert –
 "(3A) If required to do so by the Authority, the operator must give to the Authority, in the form and within the time specified by the Authority –
 (a) a copy of the list of drivers kept by the operator under subsection (2)(b); and
 (b) details of any changes to that list.
Court‑imposed penalty: $ 2 000.
Infringement notice penalty: $600.".

29.  Offence to falsely represent that accreditation etc. held
 (1) After section 103(1) insert –
 "(1A) A person must not represent that he or she is working under an accreditation or exemption if that accreditation or exemption is no longer in force.
Court‑imposed penalty: $10 000.".
 (2) For section 103(2) substitute –
 "(2) A person must not possess a document that falsely purports to be:
 (a) an accreditation or exemption under this Act; or
 (b) a copy of an accreditation or exemption under this Act; or
 (c) a document of the sort required by section 80A(1)(b) or 86(1)(b).
Court‑imposed penalty: $6 000.".
 (3)