354Requirements if approval amended

354 Requirements if approval amended

354 Requirements if approval amended

(1) This section applies if, under this Subdivision—

(a) the Regulator amends an electronic recording system approval to change the conditions about the use or maintenance of the electronic recording system the subject of the approval; and

(b) in the Regulator’s opinion, the amendment will, or is likely to, significantly affect the way the electronic recording system the subject of the approval is to be used.

(2) The Regulator may, by notice, direct the holder of the approval to give each person to whom the holder has supplied an electronic recording system the subject of the approval, or a device forming part of the system, a notice stating the amended conditions of the approval.

(3) If the Regulator gives the holder of the approval a direction under subsection (2), the holder must comply with the direction.

Maximum penalty—$6000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(4) With the Regulator’s written consent, a person may comply with subsection (3) by publishing the amended conditions, and any further details stated by the Regulator, using at least 2 of the following methods—

(a) by notice published in a newspaper stated by the Regulator;

(b) by notice published in a journal or newsletter stated by the Regulator;

(c) on a website stated by the Regulator.

(5) If, under subsection (3), the holder of the approval gives a person a notice stating the amended conditions of the approval, the person must give a copy of the notice to each other person to whom the person has supplied an electronic recording system the subject of the approval, or a device forming part of the system.

Example for the purposes of subsection (5)—

The holder of an approval is a manufacturer and the manufacturer has supplied an electronic recording system the subject of the approval to an operator of a fatigue-regulated heavy vehicle who has supplied the system to the vehicle’s driver. If, under subsection (3), the manufacturer gives the operator a notice stating the amended conditions of the approval, the operator must, under subsection (5), give the driver a copy of the notice.

Maximum penalty—$6000.

Editorial note.