sec.321Records record keeper must have

### sec.321 Records record keeper must have The driver’s record keeper must, unless the record keeper has a reasonable excuse— record the following information within the prescribed period— the driver’s name and contact details; the driver’s current driver licence number and the jurisdiction in which the licence was issued; the driver’s rosters and trip schedules, including details of driver changeovers; and keep a copy of all duplicate pages, if any, and other copies of work diary entries, including any entry made in a supplementary record— given to the record keeper under section 322 ; or as required to be made by the record keeper as a self-employed driver under Division 2 ; and keep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work. Maximum penalty—$6000. The requirement imposed on the record keeper by subsection (1) (a) (ii) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provision. If the driver is operating under BFM hours or AFM hours, the record keeper must, unless the record keeper has a reasonable excuse, also record the following information— the information required to be kept by the record keeper as a condition of the BFM accreditation or AFM accreditation under which the driver is operating; the information required to be kept by the record keeper under the BFM standards and business rules or AFM standards and business rules. Maximum penalty—$6000. See also section 470 for other record-keeping requirements applying to a record keeper who is an operator operating under a BFM accreditation or AFM accreditation. If the record keeper has engaged another person under a contract for services to comply with subsection (1) or (3) for the record keeper— the record keeper remains liable for an offence against the subsection; and the other person is also liable for an offence against the subsection as if the other person were the record keeper mentioned in the subsection. This section does not apply to the record keeper for the driver of a fatigue-regulated heavy vehicle who— is exempt from the requirements of Division 2 under section 356 ; or is operating under a work diary exemption (notice). A record keeper for the driver of a fatigue-regulated heavy vehicle who is not exempt from the requirements of Division 2 under section 356 and who is operating under a work diary exemption (permit) is not exempt from this section and therefore is subject to its requirements. In this section— AFM standards and business rules has the meaning given by section 457 . BFM standards and business rules has the meaning given by section 457 . prescribed period , for recording information mentioned in subsection (1) relating to the driver of a fatigue-regulated heavy vehicle, means— if the driver’s record keeper is the driver—within 24 hours after the driver stops working on a day for which the information is relevant; or if the driver’s record keeper is a person other than the driver—as soon as possible after the person receives the information. sch s 321 amd 2015 No. 12 s 33 ; 2016 No. 65 s 57 amd 2025 No. 26 s 80 (uncommenced amendment) (sec.321-ssec.1) The driver’s record keeper must, unless the record keeper has a reasonable excuse— record the following information within the prescribed period— the driver’s name and contact details; the driver’s current driver licence number and the jurisdiction in which the licence was issued; the driver’s rosters and trip schedules, including details of driver changeovers; and keep a copy of all duplicate pages, if any, and other copies of work diary entries, including any entry made in a supplementary record— given to the record keeper under section 322 ; or as required to be made by the record keeper as a self-employed driver under Division 2 ; and keep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work. Maximum penalty—$6000. (sec.321-ssec.2) The requirement imposed on the record keeper by subsection (1) (a) (ii) is taken to be satisfied if an electronic work diary used by the driver, the information in which is maintained by the record keeper, includes the information mentioned in the provision. (sec.321-ssec.3) If the driver is operating under BFM hours or AFM hours, the record keeper must, unless the record keeper has a reasonable excuse, also record the following information— the information required to be kept by the record keeper as a condition of the BFM accreditation or AFM accreditation under which the driver is operating; the information required to be kept by the record keeper under the BFM standards and business rules or AFM standards and business rules. Maximum penalty—$6000. See also section 470 for other record-keeping requirements applying to a record keeper who is an operator operating under a BFM accreditation or AFM accreditation. (sec.321-ssec.4) If the record keeper has engaged another person under a contract for services to comply with subsection (1) or (3) for the record keeper— the record keeper remains liable for an offence against the subsection; and the other person is also liable for an offence against the subsection as if the other person were the record keeper mentioned in the subsection. (sec.321-ssec.7) This section does not apply to the record keeper for the driver of a fatigue-regulated heavy vehicle who— is exempt from the requirements of Division 2 under section 356 ; or is operating under a work diary exemption (notice). A record keeper for the driver of a fatigue-regulated heavy vehicle who is not exempt from the requirements of Division 2 under section 356 and who is operating under a work diary exemption (permit) is not exempt from this section and therefore is subject to its requirements. (sec.321-ssec.8) In this section— AFM standards and business rules has the meaning given by section 457 . BFM standards and business rules has the meaning given by section 457 . prescribed period , for recording information mentioned in subsection (1) relating to the driver of a fatigue-regulated heavy vehicle, means— if the driver’s record keeper is the driver—within 24 hours after the driver stops working on a day for which the information is relevant; or if the driver’s record keeper is a person other than the driver—as soon as possible after the person receives the information. - (a) record the following information within the prescribed period— (i) the driver’s name and contact details; (ii) the driver’s current driver licence number and the jurisdiction in which the licence was issued; (iii) the driver’s rosters and trip schedules, including details of driver changeovers; and - (i) the driver’s name and contact details; - (ii) the driver’s current driver licence number and the jurisdiction in which the licence was issued; - (iii) the driver’s rosters and trip schedules, including details of driver changeovers; and - (b) keep a copy of all duplicate pages, if any, and other copies of work diary entries, including any entry made in a supplementary record— (i) given to the record keeper under section 322 ; or (ii) as required to be made by the record keeper as a self-employed driver under Division 2 ; and - (i) given to the record keeper under section 322 ; or - (ii) as required to be made by the record keeper as a self-employed driver under Division 2 ; and - (c) keep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work. - (i) the driver’s name and contact details; - (ii) the driver’s current driver licence number and the jurisdiction in which the licence was issued; - (iii) the driver’s rosters and trip schedules, including details of driver changeovers; and - (i) given to the record keeper under section 322 ; or - (ii) as required to be made by the record keeper as a self-employed driver under Division 2 ; and - (a) the information required to be kept by the record keeper as a condition of the BFM accreditation or AFM accreditation under which the driver is operating; - (b) the information required to be kept by the record keeper under the BFM standards and business rules or AFM standards and business rules. - (a) the record keeper remains liable for an offence against the subsection; and - (b) the other person is also liable for an offence against the subsection as if the other person were the record keeper mentioned in the subsection. - (a) is exempt from the requirements of Division 2 under section 356 ; or - (b) is operating under a work diary exemption (notice). - (a) if the driver’s record keeper is the driver—within 24 hours after the driver stops working on a day for which the information is relevant; or - (b) if the driver’s record keeper is a person other than the driver—as soon as possible after the person receives the information.