sec.312What record keeper must do if electronic work diary destroyed, lost or stolen

### sec.312 What record keeper must do if electronic work diary destroyed, lost or stolen This section applies if— the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and the driver uses an electronic work diary supplied to the driver by the record keeper; and the record keeper becomes aware or has reason to suspect that the electronic work diary has been destroyed, lost or stolen. The record keeper must, as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter— inform the driver that the electronic work diary has been destroyed, lost or stolen unless the driver informed the record keeper about the fault under section 309 ; and give the driver an electronic work diary that is in working order; and give the driver any information, in a way that makes the information readily available to the driver, that was in the destroyed, lost or stolen electronic work diary that— is accessible to the record keeper; and relates to any period during the last 28 days; and is not stored in the new electronic work diary. Maximum penalty—$6000. The record keeper must within 2 business days notify the Regulator in the approved form that the electronic work diary has been destroyed, lost or stolen, unless the record keeper has a reasonable excuse. Maximum penalty—$6000. If the record keeper has engaged another person under a contract for services to comply with subsection (2) or (3) for the record keeper— the record keeper remains liable for an offence against subsection (2) or (3) ; and the other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection. sch s 312 amd 2015 No. 12 s 30 ; 2016 No. 65 s 53 amd 2025 No. 26 s 74 (uncommenced amendment) (sec.312-ssec.1) This section applies if— the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and the driver uses an electronic work diary supplied to the driver by the record keeper; and the record keeper becomes aware or has reason to suspect that the electronic work diary has been destroyed, lost or stolen. (sec.312-ssec.2) The record keeper must, as soon as reasonably practicable after becoming aware of the matter or having reason to suspect the matter— inform the driver that the electronic work diary has been destroyed, lost or stolen unless the driver informed the record keeper about the fault under section 309 ; and give the driver an electronic work diary that is in working order; and give the driver any information, in a way that makes the information readily available to the driver, that was in the destroyed, lost or stolen electronic work diary that— is accessible to the record keeper; and relates to any period during the last 28 days; and is not stored in the new electronic work diary. Maximum penalty—$6000. (sec.312-ssec.3) The record keeper must within 2 business days notify the Regulator in the approved form that the electronic work diary has been destroyed, lost or stolen, unless the record keeper has a reasonable excuse. Maximum penalty—$6000. (sec.312-ssec.4) If the record keeper has engaged another person under a contract for services to comply with subsection (2) or (3) for the record keeper— the record keeper remains liable for an offence against subsection (2) or (3) ; and the other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection. - (a) the record keeper for the driver of a fatigue-regulated heavy vehicle is a person other than the driver; and - (b) the driver uses an electronic work diary supplied to the driver by the record keeper; and - (c) the record keeper becomes aware or has reason to suspect that the electronic work diary has been destroyed, lost or stolen. - (a) inform the driver that the electronic work diary has been destroyed, lost or stolen unless the driver informed the record keeper about the fault under section 309 ; and - (b) give the driver an electronic work diary that is in working order; and - (c) give the driver any information, in a way that makes the information readily available to the driver, that was in the destroyed, lost or stolen electronic work diary that— (i) is accessible to the record keeper; and (ii) relates to any period during the last 28 days; and (iii) is not stored in the new electronic work diary. - (i) is accessible to the record keeper; and - (ii) relates to any period during the last 28 days; and - (iii) is not stored in the new electronic work diary. - (i) is accessible to the record keeper; and - (ii) relates to any period during the last 28 days; and - (iii) is not stored in the new electronic work diary. - (a) the record keeper remains liable for an offence against subsection (2) or (3) ; and - (b) the other person is also liable for an offence against subsection (2) or (3) as if the other person were the record keeper mentioned in the subsection.