Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_71
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 71
Character Range: 132932–134727

71  Tampering with electronic work diaries prohibited
 (1) A person must not tamper with the operation of an electronic work diary.

Court‑imposed penalty: $10 000.
 (2) A record keeper and a driver must ensure that a person does not tamper with the operation of an electronic work diary.
Court‑imposed penalty: $10 000.
 (3) If an electronic work diary being used by a driver includes or forms part of an intelligent transport system approved under the IAP Act, a person on whom an obligation to report a malfunction of or tampering with the system under that Act must ensure that a person does not tamper with the operation of an electronic work diary under this Act.

Court‑imposed penalty: $10 000.
Note 1: Electronic work diary is defined in section 56(5).
Note 2: 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.
 (4) A person tampers with an electronic work diary if the person engages in conduct that:
 (a) results in the diary malfunctioning; or
 (b) may result in the diary malfunctioning; or
 (c) alters any of the data recorded by the diary; or
 (d) may alter any of the data recorded by the diary.
 (5) Subsection (1) does not apply to:
 (a) a person who is repairing a malfunctioning electronic work diary in accordance with section 59(7); or
 (b) a person who is authorised by the Authority; or
 (c) an authorised officer or police officer.
 (6) An offence against subsection (1), (2) or (3) is an offence of absolute liability.
 (7) However, a person charged with an offence against subsection (2) has the benefit of the reasonable steps defence.
Note: Section 24 explains the reasonable steps defence.

Division 4.5—Written work diaries