Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_57:p2
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 57 (pt 2/2)
Character Range: 114771–115821

finishing work on each of those days, the driver must record the total of the work time and the total of the rest time that he or she has had that day.
Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.
 (6) An offence against this section is an offence of strict liability.
Note: A spelling mistake made by a driver in completing a work diary may be considered an honest and reasonable mistake of fact (and therefore provide a strict liability defence) if it is capable of being understood by a reasonable person and is not deliberate or designed to confuse or be misleading.
 (7) However, if this section requires a driver to record information before beginning to engage in 100+ km work on a day, it is a defence for the driver to prove that, at the time of the offence:
 (a) he or she was unaware that he or she would be engaging in 100+ km work on the day; and
 (b) he or she recorded the information in his or her work diary as soon as practicable after becoming aware that he or she would be engaging in 100+ km work on the day.