Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_59:p1
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 59 (pt 1/2)
Character Range: 117704–120358

59  Destroyed, lost, stolen or malfunctioning work diaries
 (1) It is a defence for an offence against section 56(2) for the driver to prove that:
 (a) at the time of the offence, the driver's work diary had been filled up, destroyed, lost or stolen or, in the case of an electronic work diary, was malfunctioning; and
 (b) within 2 business days after the offence, the driver had complied with subsection (3) or (5); and
 (c) until the driver was issued with a replacement work diary or the electronic work diary was in working order, the driver was recording the information required by section 57 in a supplementary record; and
 (d) while driving a regulated heavy vehicle, the driver kept in the vehicle the supplementary record that contained information for the last 28 days.
 (2) A supplementary record is a record that:
 (a) is not made in a work diary; but
 (b) is at least as accurate and understandable as, and is made in a similar form to, a record made in a work diary.
 (3) As soon as practicable (but within 2 business days) after the driver becomes aware that the written work diary has been destroyed, lost or stolen, the driver must give the Authority written notice of that happening.

Court‑imposed penalty: $4 000.

Infringement notice penalty: $800.
 (4) If a lost or stolen written work diary (the old work diary) is found by, or returned to, the driver after a replacement work diary has been issued to the driver, the driver must:
 (a) immediately cancel any unused daily sheets in the old work diary by writing 'cancelled' in large letters across each unused sheet; and
 (b) give the old work diary to the Authority as soon as practicable after the old work diary is found or returned.

Court‑imposed penalty: $4 000.

Infringement notice penalty: $800.
 (5) If the driver of a regulated heavy vehicle becomes aware or reasonably suspects that an electronic work diary fitted to the vehicle is malfunctioning, the driver must inform his or her record keeper of that as soon as practicable (but within 2 business days).
Note: Section 62(2) explains who the record keeper is.

Court‑imposed penalty: $4 000.

Infringement notice penalty: $800.
 (6) Also, in the case of an electronic work diary that includes or forms part of an intelligent transport system approved under the IAP Act, if a person on whom an obligation to report a malfunction of or tampering with a system under that Act becomes aware or reasonably suspects that the electronic work diary is malfunctioning, the person must inform the record keeper of that as soon as practicable (but within 2 business days).

Court‑imposed penalty: $4 000.

Infringement notice