Document ID: chunk:federal_register_of_legislation:F2016C00582:schedule:1:p5
Version: federal_register_of_legislation:F2016C00582
Segment Type: schedule
Provision Reference: sch 1 (pt 5/9)
Character Range: 14330–16912

recorded those details in relation to the work and they are still current; and".

13.  Driver must carry work diary
  In section 56(2), in note 1, after "record." insert "Section 59 does not apply if a driver forgets to take a work diary on a journey – in that circumstance the driver is liable to be prosecuted under this subsection.".

14.  Definition of electronic work diary
 (1) For section 56(5) substitute –
 "(5) An electronic work diary is any system of recording information electronically:
 (a) that has attached to each device that forms part of the system a label:
 (i) that indicates that the device is, or is part of, an electronic work diary that is the subject of a current approval of the Authority under section 74; and
 (ii) that states the number of the certificate of approval issued by the Authority in respect of the approval; and
 (iii) that is in a form approved by the Authority; and
 (b) that is the subject of a current approval of the Authority under section 74.
 (5A) For the purposes of this Act, a person is entitled to rely on a label that appears to comply with subsection (5)(a) unless he, she or it knows, or reasonably ought to know, that the thing is not the subject of a current approval of the Authority under section 74.".

15.  Information that must be recorded in a work diary
  For sections 57(4)(f)(iii) and (iv) substitute –
 "(iii) except in the case of a shared electronic work diary, the security or other identifying number of the other driver's work diary and the name of the participating jurisdiction that issued that diary.".

16.  Destroyed, lost, stolen or malfunctioning work diaries
 (1) In section 59(3) –
 (a) after "has been" insert "filled up,";
 (b) after "written notice" insert ", in a form approved by the Authority,".
 (2) After section 59(4) insert –
 "(4A) If a driver gives a work diary to the Authority under subsection (4), the Authority must:
 (a) cancel any unused daily sheets in the diary; and
 (b) return the diary to the driver.".

17.  Outsourcing of record keeping
 (1) After section 62(2) insert –
 "(2A) Despite subsection (2), a record keeper may engage the services of another person to carry out some or all of the record keeper's functions as a record keeper under this Act.
 (2B) If such an engagement occurs:
 (a) the record keeper remains liable for all obligations imposed on 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,