Document ID: chunk:federal_register_of_legislation:F2016C00529:schedule:1:p5
Version: federal_register_of_legislation:F2016C00529
Segment Type: schedule
Provision Reference: sch 1 (pt 5/8)
Character Range: 14033–16862

will, or is likely to, significantly affect the way the diary is to be used.
 (2) The Authority may direct the person who, immediately before the variation took effect, held the approval to notify in writing each person to whom he, she or it has supplied any diary under the approval that the approval has been varied.
 (3) If the Authority gives a direction to a person under subsection (2), the person must comply with the direction.
Court‑imposed penalty: $6 000
 (4) With the consent of the Authority, a person may comply with subsection (3) by publishing details of the variation, and any further details specified by the Authority, using at least 2 of the following methods:
 (a) by notice published in a newspaper specified by the Authority;
 (b) by notice published in a journal or newsletter specified by the Authority;
 (c) on a website specified by the Authority.
 (5) Nothing in this section prevents the Authority from publishing details of the cancellation by whatever means it thinks appropriate.
Example: The Authority may publish the cancellation by gazettal or on a website.
 (6) An offence against this section is an offence of absolute liability.
 (7) However, a person charged with the offence has the benefit of the reasonable steps defence.
Note: Section 24 explains the reasonable steps defence.".

16.  Consequential amendments
 (1) In section 76A –
 (a) for "76A" substitute "76B";
 (b) for subsection (1)(a) substitute –
 "(a) in accordance with the manufacturer's specifications, as varied by any conditions imposed by the Authority; and".
 (2) In section 76B –
 (a) for "76B" substitute "76C";
 (b) after subsection (2) insert –
"Examples
                   * A statement by a driver describing how the driver operated the electronic work diary
                   * A statement by the owner of an electronic work diary describing how the electronic work diary has been maintained
                   * A statement by the record keeper that certain data was transmitted to the record keeper by the electronic work diary".

17.  Driver must carry AFM accreditation details
  For the penalty at the end of section 86(2) substitute –
"Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.".

18.  Minor amendment
  In section 87(4), for "(1) or (2)" substitute "(1), (2) or (3)".

19.  Work/rest hours exemption
 (1) For sections 91(2) and (3) substitute –
 "(2) The Authority may grant a work/rest hours exemption to:
 (a) an employer, prime contractor, operator or self‑employed driver who applies for the exemption; or
 (b) a class of person, without the need for anyone to apply for the exemption.
 (3) An employer, prime contractor, operator or self‑employed driver who wants a work/rest hours exemption must apply to the Authority in accordance with section 93.".
 (2) In section 91(5) –