Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_59:p2
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 59 (pt 2/2)
Character Range: 120095–121075

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 penalty: $800.
Note: Persons who have obligations to report a malfunction or tampering under the IAP Act include operators of IAP vehicles, drivers of IAP vehicles, IAP service providers, TCA and IAP auditors.
 (7) As soon as is practicable after being informed under subsections (5) or (6), the record keeper must ensure that the electronic work diary is examined and brought into working order.

Court‑imposed penalty: $4 000.

Infringement notice penalty: $800.
 (8) An offence against subsections (3), (4), (5), (6) or (7) is an offence of absolute liability.
 (9) However, a person charged with the offence has the benefit of the reasonable steps defence.
Note: Section 24 explains the reasonable steps defence.