Document ID: chunk:federal_register_of_legislation:F2016C00582:clause:1_75b:p1
Version: federal_register_of_legislation:F2016C00582
Segment Type: clause
Provision Reference: sch 1 cl 75B (pt 1/6)
Character Range: 24991–27683

75B  Authority may permit the use of diaries whose approval has been cancelled
 (1) The Authority may, by notice published in the Gazette, permit the use of diaries whose approval has been cancelled:
 (a) for a specified period or indefinitely; and
 (b) on specified conditions.
 (2) Despite anything to the contrary in this Act, a diary that is the subject of a notice under this section is to be treated as if it were an electronic work diary, unless it is being used contrary to any condition specified in the notice.
 (3) The Authority may, by notice published in the Gazette, vary or revoke a notice under this section.".

23.  Insertion of section 76A
  After section 76 insert –
"76A.  How electronic work diary to be operated
 (1) A driver using an electronic work diary must ensure that he or she operates and maintains the diary:
 (a) in accordance with the manufacturer's specifications; and
 (b) in compliance with any conditions imposed by the Authority that apply to the operation of the diary.".
Court‑imposed penalty: $6 000.
 (2) The record keeper of a driver using an electronic work diary must ensure that the driver complies with the requirements of subsection (1).
Court‑imposed penalty: $6 000.
 (3) It is a defence to a charge of failing to comply with a particular specification of the manufacturer for the person charged to prove either:
 (a) that the specification was not integral to the effective operation of the diary; or
 (b) that what was done or not done with respect to the specification was in accordance with industry practice in relation to the handling or maintenance of a diary of that type from that manufacturer.
 (4) An offence against subsection (1) or (2) is an offence of strict liability.
76B.  Admissibility of documents produced by an electronic work diary
 (1) A document produced by an electronic work diary is evidence of the matters contained in the document.
 (2) A statement as to the operation of an electronic work diary made in a document purporting to be signed by a person purporting to be involved with the operation of the diary is evidence of any fact contained in the statement.".

24.  Insertion of section 80A
  After section 80 insert –
"80A.  Driver must carry BFM accreditation documents
 (1) At all times while working under an operator's BFM accreditation, a driver must have in his or her possession:
 (a) a copy of the operator's accreditation certificate; and
 (b) a document signed by the operator stating that the driver is working under the operator's accreditation, has been inducted into the operator's BFM fatigue management system and meets the requirements relating to drivers under the accreditation.
Note 1: A