Subdiv 6Extended liability

Subdivision 6—Extended liability 315—Ensuring driver complies with Subdivisions 1 to 4 (1) Each responsible party for the driver of a fatigue‑regulated heavy vehicle must ensure, so far as is reasonably practicable, the driver complies with each of Subdivisions 1, 2, 3 and 4 so far as they are applicable. responsible party, for the driver of a fatigue‑regulated heavy vehicle, means— (a) if the driver is an employed driver—an employer of the driver; or (b) if the driver is a self‑employed driver—a prime contractor of the driver; or (c) an operator of the vehicle; or (d) a scheduler for the vehicle. Division 3—Records relating to drivers Subdivision 1—Preliminary 316—Application of Division 3 This Division— (a) applies in relation to each record keeper for the driver of a fatigue‑regulated heavy vehicle; and (b) if there is more than 1 record keeper for the driver of a fatigue‑regulated heavy vehicle—applies only to the extent the driver is carrying out work in relation to which the record keeper is a record keeper for the driver. Example for the purposes of paragraph (b)— The driver of a fatigue‑regulated heavy vehicle is an employed driver employed by employer A and employer B, each of whom is a record keeper of the driver. A's obligations to record information under this Division apply only to the extent the information is about the work the driver carries out for A. For example, under section 319, A need only record the registration numbers of the fatigue‑regulated heavy vehicles the driver drives for carrying out work for A and the work times and rest times of the driver while carrying out that work. A does not need to record the registration numbers for the fatigue‑regulated heavy vehicles the driver drives for carrying out work for B or the work times and rest times of the driver while carrying out that work. 317—Who is a driver's record keeper The following person is the record keeper for the driver of a fatigue‑regulated heavy vehicle: (a) if the driver is operating under a BFM accreditation or AFM accreditation of an operator of the vehicle or a work and rest hours exemption (permit) granted in combination with an operator's BFM accreditation or AFM accreditation—the operator; (b) otherwise— (i) for an employed driver of a fatigue‑regulated heavy vehicle—the driver's employer; or (ii) for a self‑employed driver of a fatigue‑regulated heavy vehicle—the driver. Subdivision 2—Record keeping obligations relating to drivers undertaking 100km work under standard hours 318—Application of Subdivision 2 This Subdivision applies in relation to the driver of a fatigue‑regulated heavy vehicle who is undertaking only 100km work under standard hours. 319—Records record keeper must have (1) The driver's record keeper must, unless the record keeper has a reasonable excuse— (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 dates on which the driver drives a fatigue‑regulated heavy vehicle on a road; (iv) the registration number for each fatigue‑regulated heavy vehicle the driver drives, being— (A) in the case of a vehicle that is not in a combination—that vehicle; or (B) in the case of a vehicle that is in a combination—the towing vehicle in the combination; (v) the total of the driver's work times and rest times on each day on which the driver drives a fatigue‑regulated heavy vehicle; (vi) the total of the driver's work times and rest times for each week during which the driver drives a fatigue‑regulated heavy vehicle; (vii) the driver's rosters and trip schedules, including details of driver changeovers; (viii) the location of the driver's base; (ix) if the location of the driver's base changes—the date on which the location changes; and (b) keep a copy of payment records relating to the driver, including time sheet records if the driver is paid according to time at work. (2) A requirement imposed on a record keeper by subsection (1)(a)(ii) to (vi) 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 provisions. (3) If the record keeper has engaged another person under a contract for services to comply with subsection (1) for the record keeper— (a) the record keeper remains liable for an offence against subsection (1); and (b) the other person is also liable for an offence against subsection (1) as if the other person were the record keeper mentioned in the subsection. prescribed period, for recording information mentioned in subsection (1) relating to the driver of a fatigue‑regulated heavy vehicle, means— (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. 319A—General requirements about driver recording and giving information to record keeper (1) This section applies if the driver's record keeper on a relevant day is a person other than the driver. (2) The driver must, unless the driver has a reasonable excuse— (a) within 24 hours after the driver stops working on the relevant day, record the information mentioned in section 319(1)(a)(iii) to (vi) for that day; and (b) within 21 days after the relevant day, give the information mentioned in section 319(1) for that day to the driver's record keeper. (3) The requirement imposed on the driver by subsection (2)(a) is taken to be satisfied if the record keeper records the information within the period mentioned in the provision. (4) The requirement imposed on the driver by subsection (2)(b) is taken to be satisfied if the record keeper obtains the information within the period mentioned in the provision in any way, including, for example, because the information is recorded— (a) in an electronic work diary used by the driver, the information in which is maintained by the record keeper; or (b) by the record keeper. (5) The record keeper must, so far as is reasonably practicable, ensure the driver complies with subsection (2)(b). (6) If the record keeper has engaged another person under a contract for services to comply with subsection (5) for the record keeper— (a) the record keeper remains liable for an offence against subsection (5); and (b) the other person is also liable for an offence against subsection (5) as if the other person were the record keeper mentioned in the subsection. relevant day means a day on which the driver drives a fatigue‑regulated heavy vehicle on a road. Subdivision 3—Record keeping obligations relating to drivers undertaking 100+km work under standard hours or operating under BFM hours, AFM hours or exemption hours 320—Application of Subdivision 3 This Subdivision applies in relation to the driver of a fatigue‑regulated heavy vehicle who is— (a) undertaking 100+km work under standard hours; or (b) operating under BFM hours, AFM hours or exemption hours. 321—Records record keeper must have (1) The driver's record keeper must, unless the record keeper has a reasonable excuse— (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 (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 (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. (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. (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: (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. 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. (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— (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. (7) This section does not apply to the record keeper for the driver of a fatigue‑regulated heavy vehicle who— (a) is exempt from the requirements of Division 2 under section 356; or (b) 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. 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— (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. 322—General requirements about driver giving information to record keeper (a) the driver of a fatigue‑regulated heavy vehicle is required to record information in the driver's work diary under Division 2; and (b) the driver's record keeper is a person other than the driver. (2) The driver must, within 21 days after the day on which the driver drove the vehicle, give a copy of the work diary entry recording the information, including any entry made in a supplementary record recording the information for that day, to each person who was a record keeper for the driver on that day, unless the driver has a reasonable excuse. (3) The requirement imposed on the driver by subsection (2) 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. (4) The record keeper must ensure, so far as is reasonably practicable, the driver complies with subsection (2). (5) If the record keeper has engaged another person under a contract for services to comply with subsection (4) for the record keeper— (a) the record keeper remains liable for an offence against subsection (4); and (b) the other person is also liable for an offence against subsection (4) as if the other person were the record keeper mentioned in the subsection. 323—Requirements about driver giving information to record keeper if driver changes record keeper (a) the driver of a fatigue‑regulated heavy vehicle is, or was in the previous 28 days, required to record information in the driver's work diary under Division 2; and (b) the driver changes record keepers; and (c) the new record keeper is a person other than the driver. (2) The driver must, before driving a fatigue‑regulated heavy vehicle for the driver's new record keeper, give the new record keeper a copy of information the driver recorded in a work diary in the 28 days before the change happened that relates to that 28‑day period, unless the driver has a reasonable excuse. (3) The new record keeper must ensure, so far as is reasonably practicable, the driver complies with subsection (2). (4) The requirement imposed on the driver or the record keeper by subsection (2) or (3) 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 subsection. (5) If the new record keeper has engaged another person under a contract for services to comply with subsection (3) for the new record keeper— (a) the new record keeper remains liable for an offence against subsection (3); and (b) the other person is also liable for an offence against subsection (3) as if the other person were the new record keeper mentioned in the subsection. 324—Record keeper must give information from electronic work diary (a) the driver of a fatigue‑regulated heavy vehicle is required to record information in the driver's work diary under Division 2; and (b) the driver's record keeper is a person other than the driver; and (c) the driver is using an electronic work diary supplied to the driver by the driver's record keeper. (2) If the driver stops using the electronic work diary, the driver's record keeper must immediately give the driver, in a way that makes the information readily available to the driver, the information recorded in the work diary for each day on which the driver was using the electronic work diary, unless the record keeper has a reasonable excuse. (3) If the record keeper has engaged another person under a contract for services to comply with subsection (2) for the record keeper— (a) the record keeper remains liable for an offence against subsection (2); and (b) the other person is also liable for an offence against subsection (2) as if the other person were the record keeper mentioned in the subsection. 324A—Record keeper must give record to driver if requested (a) the driver of a fatigue-regulated heavy vehicle is required to record information in the driver's work diary under Division 2; and (b) the driver's record keeper is a person other than the driver; and (c) the driver requests a record held under this Division by the record keeper. (2) The driver's record keeper must, as soon as reasonably practicable— (a) give the driver a copy of the record, or make the record available to the driver; or (b) if the information is recorded in an electronic work diary—give the driver, in a way that makes the information readily available to the driver, the information recorded in the work diary. Division 4—Provisions about false representations relating to work records 325—False or misleading entries (1) A person must not record something in a work record that the person knows, or ought reasonably to know, is false or misleading. See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something. (2) In a proceeding for an offence against subsection (1), it is enough for a charge to state that the entry was 'false or misleading', without specifying whether it was false or whether it was misleading. 326—When possessing, or recording information in, more than 1 work diary relating to the same period is prohibited (1) The driver of a fatigue‑regulated heavy vehicle must not have in the driver's possession more than 1 written work diary in which information can be recorded on a daily sheet. (2) The driver of a fatigue‑regulated heavy vehicle must not record information for the same period in— (a) a written work diary and an electronic work diary; or (b) more than 1 electronic work diary. The driver of a fatigue‑regulated heavy vehicle works for A and B. The driver keeps a written work diary for work done for A and an electronic work diary for work done for B. On a particular day, the driver works from 1 pm to 5 pm for A and from 6 pm to 11 pm for B. The driver must record the information about the period between 1 pm and 5 pm in the written work diary kept for A, and the information for the period between 6 pm and 11 pm in the electronic work diary kept for B. The driver must not record information about the period between 1 pm and 5 pm, or the period between 6 pm to 11 pm, in both the written work diary and electronic work diary. 327—Possession of purported work records etc prohibited The driver of a fatigue‑regulated heavy vehicle or the record keeper for a driver of a fatigue‑regulated heavy vehicle must not have in the driver's or record keeper's possession a thing purporting to be a work record if the driver or record keeper knows, or ought reasonably to know, that it is not a work record. See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something. 328—False representation about work records prohibited A person must not falsely represent that a work record was made by the person. Division 5—Interfering with work records Subdivision 1—Work records generally 329—Defacing or changing work records etc prohibited A person must not deface or change a work record that the person knows, or ought reasonably to know, is correct. 1 Giving a false or misleading document to an official is prohibited by section 702. 2 See section 341 for the requirement that the record keeper for the driver of a fatigue‑regulated heavy vehicle keep particular records in a way that ensures they are readable and reasonably capable of being understood and capable of being used as evidence. 3 See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something. 330—Making entries in someone else's work records prohibited (1) A person must not make an entry in someone else's work record. (2) Subsection (1) does not apply to— (a) a person who— (i) makes an entry in another person's work diary under a work diary exemption (permit) applying to the other person; and (ii) is nominated by the other person to make the entry; or (b) an authorised officer; or (c) a party to a two‑up driving arrangement— (i) signing the written work diary of the other party to the arrangement; or (ii) making an entry in the other party's electronic work diary indicating the party's approval of the information recorded in the work diary. 331—Destruction of particular work records prohibited If a work record is required under (or by a condition under) this Part to be kept for a particular period by a person, the person or someone else must not destroy the record before the end of the period. See section 341 for the period for which record keepers for drivers of fatigue‑regulated heavy vehicles are required to keep particular work records. 332—Offence to remove pages from written work diary A person must not remove a daily sheet, or the duplicates of a daily sheet, from a written work diary except as required or authorised by this Law or a corresponding fatigue law. Subdivision 2—Approved electronic recording systems 333—Application of Subdivision 2 This Subdivision applies to an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part. 334—Meaning of tamper Tamper with an approved electronic recording system means— (a) engage in conduct that— (i) results in the system, or a part of the system, malfunctioning; or (ii) could result in the system, or a part of the system, malfunctioning; or (iii) alters any of the data recorded by the system or a part of the system; or (iv) could alter any of the data recorded by the system or a part of the system; or (v) results in inaccurate information being recorded by the system or a part of the system; or (vi) could result in inaccurate information being recorded by the system or a part of the system; or (b) engage in conduct that alters or otherwise interferes with an electronic signal sent to or from the system, or a part of the system, if the alteration or interference has or could have an effect mentioned in paragraph (a)(i), (iii) or (v). 335—Person must not tamper with approved electronic recording system (1) A person must not tamper with an approved electronic recording system. (2) Subsection (1) does not apply to— (a) conduct associated with repairing an approved electronic recording system, or a part of an approved electronic recording system, that is malfunctioning or has malfunctioned; or (b) conduct associated with maintaining an approved electronic recording system; or (c) an authorised officer when exercising functions under this Law. (5) In a proceeding for an offence against subsection (1) involving a person engaging in conduct that alters or otherwise interferes with any electronic signal sent to or from an approved electronic recording system, or a part of an approved electronic recording system, it is a defence for the person to prove that the person was not aware, and could not reasonably be expected to have been aware, that the conduct would alter or otherwise interfere with the electronic signal. 336—Person using approved electronic recording system must not permit tampering with it (1) A person who uses an approved electronic recording system must not permit another person to tamper with the system. Examples of a person who uses an approved electronic recording system— • a driver of a heavy vehicle • a driver's record keeper 336A—Reporting tampering or suspected tampering with electronic work diary (1) If the record keeper for the driver of a fatigue‑regulated heavy vehicle knows, or has reasonable grounds to suspect, an electronic work diary has been tampered with, the record keeper must report the matter to the Regulator— (a) within 2 business days; and (2) If the record keeper has engaged another person under a contract for services to comply with subsection (1) for the record keeper— (a) the record keeper remains liable for an offence against subsection (1); and (b) the other person is also liable for an offence against subsection (1) as if the other person were the record keeper mentioned in the subsection. 337—Intelligent access reporting entity must not permit tampering with approved electronic recording system (1) This section applies if an approved electronic recording system is or is part of an approved intelligent transport system. (2) An intelligent access program reporting entity for the approved intelligent transport system must not permit another person to tamper with the approved electronic recording system. Division 6—Obtaining written work diary 338—Form of written work diary (1) This section states the requirements for written work diaries issued by the Regulator under this Division. (2) A written work diary must contain— (a) a unique identifying number for the work diary; and (b) sheets (daily sheets) that— (i) provide for recording information daily; and (ii) are sequentially numbered; and (c) 2 duplicates of each daily sheet; and (d) a duplicate of any application form contained in the work diary under subsection (3); and (e) instructions for use of the work diary. (3) A written work diary may contain an application in the approved form for the issue of another work diary. (4) Each daily sheet of a written work diary must be in a form that ensures that, if information is written on the daily sheet in the way stated in the instructions in the work diary or this Law, the information should be automatically copied on to the duplicates for the sheet. 339—Application for written work diary (1) The driver of a fatigue‑regulated heavy vehicle may apply to the Regulator for a written work diary. (3) If the application is for a written work diary to replace a written work diary previously issued to the driver (the existing written work diary), the driver must give the existing written work diary to the Regulator with the application, unless the existing written work diary has been destroyed, lost or stolen. (4) If the driver gives the existing written work diary to the Regulator, the Regulator must— (a) cancel any unused daily sheets in the written work diary; and (b) return the written work diary to the driver when the Regulator issues the replacement written work diary to the driver. (5) If the application is for a written work diary to replace a written work diary that has been destroyed, lost or stolen, the application must— (a) state the previous work diary's number and that it has been destroyed, lost or stolen; and (b) briefly outline the circumstances of the destruction, loss or theft. 340—Issue of written work diary (1) The Regulator must issue a written work diary to the driver of a fatigue‑regulated heavy vehicle if the driver— (a) applies for the work diary under section 339; and (b) identifies himself or herself by showing his or her current driver licence to the Regulator; and (c) pays the prescribed fee for the issue of the work diary. (2) If the Regulator issues a written work diary to the driver of a fatigue‑regulated heavy vehicle, the Regulator must note the date, time and place of issue on the written work diary. (3) The Regulator may make other notes on the written work diary the Regulator considers appropriate. Division 7—Requirements about records record keeper must make or keep In the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland, this Division is numbered Division 6A. 341—Period for which, and way in which, records must be kept (1) The record keeper of the driver of a fatigue-regulated heavy vehicle must, unless the record keeper has a reasonable excuse, keep a record required to be made or kept under Division 3, or a copy of the record, for 3 years after— (a) for a record made by the record keeper—the day the record keeper makes the record; or (b) for another record—the day the record keeper receives the record. (2) The record keeper of the driver of a fatigue-regulated heavy vehicle must, unless the record keeper has a reasonable excuse, keep a record required to be made or kept under (or by a condition under) Division 9 or Division 10, or a copy of the record, for a period of 3 years, or, if a condition of an exemption states a record must be kept for a period of less than 3 years, the period stated in the condition, after— (a) for a record made by the record keeper—the day the record keeper makes the record; or (b) for another record—the day the record keeper receives the record. (3) Except where the driver is his or her own record keeper, the record keeper must, unless the record keeper has a reasonable excuse, keep the record or copy at the driver's record location in a way that ensures it is readily available to an authorised officer at the record location. (4) If the driver is his or her own record keeper, the driver as record keeper must, unless the driver as record keeper has a reasonable excuse, ensure the record or copy of the record is kept at the driver's record location in a way that ensures it is readily available to an authorised officer at the record location by the end of the 21‑day period after the day the record is made. (5) The record keeper must, unless the record keeper has a reasonable excuse, keep the record or copy in a way that ensures it is— (a) readable and reasonably capable of being understood; and (b) capable of being used as evidence. To ensure a record kept in a storage facility does not become unreadable, for example, by degrading, the record keeper could scan the hard copy of the record and keep it in an electronic format that is readable. (6) A reference in subsection (1) to keeping a record of information required to be made or kept under Division 3 includes a reference to maintaining a record of the information that is in an electronic work diary, if that record is taken to have satisfied the requirement under Division 3. (7) If the driver's work diary is an electronic work diary, the driver's record keeper must, unless the record keeper has a reasonable excuse, maintain a record of the information that is recorded in the work diary in a way complying with— (a) if the Regulator has, when approving the electronic recording system constituting the work diary, or of which the work diary is a part, imposed any conditions in relation to the way information must be recorded in the work diary—those conditions; and (b) the manufacturer's instructions, if any, for recording information in the electronic work diary, to the extent the instructions are consistent with the conditions mentioned in paragraph (a). (8) If the record keeper has engaged another person under a contract for services to comply with subsection (1), (2), (3), (5) or (7) for the record keeper— (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. Division 8—Approval of electronic recording systems In the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland, this Division is numbered Division 7. Subdivision 1—Approval of electronic recording systems 342—Application for approval of electronic recording system (1) A person may apply to the Regulator for the approval of an electronic recording system. Examples of persons who may apply for an approval under this section— • manufacturers of electronic recording systems • operators of fatigue‑regulated heavy vehicles • drivers of fatigue‑regulated heavy vehicles 343—Deciding application for approval (1) The Regulator must, as soon as practicable after receiving an application for an electronic recording system approval— (a) grant the approval, with or without conditions about the use or maintenance of the electronic recording system to which the approval relates; or (b) refuse the application. (2) The Regulator may approve an electronic recording system only if the Regulator is satisfied the system— (a) is suitable or has a part that is suitable for fitting to, or for use in, a fatigue‑regulated heavy vehicle; and (b) has a mechanism that readily indicates to the driver of the fatigue‑regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, that the system is or is not properly functioning; and (c) is capable of— (i) accurately monitoring and recording the work times and rest times of the driver of the fatigue‑regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used; and (ii) accurately recording any other information the driver is required by this Law to record in a work diary; and (d) if the system or a part of it is to be fitted to a fatigue‑regulated heavy vehicle and is to be used by more than 1 driver of the vehicle, is capable of ensuring the following: (i) all of the information mentioned in paragraph (c) can be accurately monitored or recorded for each of the drivers; (ii) the details recorded by, or in relation to, 1 of the drivers are readily distinguishable from the details recorded by, or in relation to, the other drivers; (iii) the name of the driver in relation to whom details are recorded is shown whenever the details are accessed; (iv) 1 of the drivers cannot record any information, that the driver is required by this Law to record in a work diary, in the system for any of the other drivers; and (e) has a mechanism to ensure the driver of the fatigue‑regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, cannot alter any information the driver records in the system once the driver has had an opportunity to confirm the accuracy of the information; and (f) is capable of enabling the driver of the fatigue‑regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, to send information to the driver's record keeper; and (g) has a mechanism that, at least once each day, readily indicates to the driver whether information has or has not been sent to the record keeper; and (h) is capable of readily reproducing, on being accessed by the record keeper for the driver of the fatigue‑regulated heavy vehicle to which it or a part of it is fitted, or in which it or a part of it is used, the information that the system contains; and (i) is capable of readily reproducing, on being accessed by an authorised officer while the vehicle to which it or a part of it is fitted, or in which it or a part of it is used, is on a road, the information the system contains in a form that— (i) is readily accessible by the officer; and (ii) is reasonably capable of being understood by the officer; and (iii) can be used as evidence. (3) In deciding whether or not to grant the approval, the Regulator must have regard to the approved guidelines for granting electronic recording system approvals. (4) An approved electronic recording system may be, or be a part of, an approved intelligent transport system. 344—Steps after decision to grant approval (1) If the Regulator grants an approval under section 343, the Regulator must give the applicant a numbered certificate of approval. (2) If the Regulator imposes conditions on the approval, the certificate of approval given to the applicant must state the conditions. (3) If the Regulator imposes conditions on the approval not sought by the applicant, the Regulator must give the applicant an information notice for the decision to impose the conditions. 345—Steps after decision to refuse application If the Regulator decides not to grant an application for an electronic recording system approval, the Regulator must give the applicant an information notice for the decision. 346—Effect of approval (1) An electronic recording system approval granted under this Subdivision applies to any system identical to the system given to the Regulator for approval. (2) The conditions imposed on the approval under section 343, or Subdivision 3, apply to each identical system to which the approval applies. Subdivision 2—Using unapproved electronic recording system 347—Prohibition on using electronic work diary if it is not, and is not a part of, an approved electronic recording system A person must not use as an electronic work diary for the purposes of this Law an electronic recording system constituting an electronic work diary, or of which an electronic work diary is a part, if the person knows, or ought reasonably to know, the electronic recording system is not an approved electronic recording system. See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something. Subdivision 3—Amendment or cancellation of approval 351—Amendment or cancellation of approval on application (1) The holder of an electronic recording system approval may apply to the Regulator for an amendment or cancellation of the approval. (c) if the application is for an amendment of the approval, state clearly the amendment sought and outline the reasons for the application; and (d) be accompanied by the certificate of approval for the approval. (3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application. (c) if the Regulator amended the approval, the Regulator must give the applicant a replacement certificate of approval for the approval as amended. (6) If the Regulator decides not to amend or cancel the approval as sought by the applicant, the Regulator must— (b) return the certificate of approval for the approval to the applicant. certificate of approval, for an electronic recording system approval, means the certificate of approval issued by the Regulator under section 344 for the approval. 352—Amendment or cancellation of approval on Regulator's initiative (1) Each of the following is a ground for amending or cancelling an electronic recording system approval: (a) the approval was granted because of a document or representation that was— (b) since the approval was granted, there has been a change in the circumstances that were relevant to the Regulator's decision to grant the approval and, had the changed circumstances existed when the approval was granted, the Regulator would not have granted the approval, or would have granted the approval subject to conditions or different conditions. (2) If the Regulator considers a ground exists to amend or cancel an electronic recording system approval (the proposed action), the Regulator must give the holder of the approval a notice— (d) if the proposed action is to amend the approval (including a condition of the approval)—stating the proposed amendment; and (e) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken. (3) If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may— (a) if the proposed action was to amend the approval—amend the approval, including, for example, by imposing additional conditions on the approval, in a way that is not substantially different from the proposed action; or (b) if the proposed action was to cancel the approval— (i) amend the approval, including, for example, by imposing additional conditions on the approval; or (ii) cancel the approval. 353—Minor amendment of approval The Regulator may, by notice given to the holder of an electronic recording system approval, amend the approval in a minor respect— 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. (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. (6) Nothing in this section prevents the Regulator from publishing details of the amendment by whatever means the Regulator thinks appropriate. The Regulator may publish the amended conditions in the Commonwealth Gazette or on a website. amended conditions, of an electronic recording system approval that has been amended under this Division, means the conditions of the approval as they apply after the amendment. 355—Requirements if approval cancelled (1) This section applies if, under this Subdivision, the Regulator notifies the holder of an electronic recording system approval that the approval has been cancelled. (2) If the electronic recording system constitutes an electronic work diary, or if part of the electronic recording system is an electronic work diary, the holder of the approval must, within the period stated by the Regulator in the notification, remove any electronic message on the system's visual display stating the system is or includes an electronic work diary. (3) 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 that constitutes an electronic work diary, or of which an electronic work diary is a part, a notice stating that the approval has been cancelled. (4) If the Regulator gives the holder of the approval a direction under subsection (3), the holder must comply with the direction. (5) With the Regulator's written consent, a person may comply with subsection (4) by publishing details of the cancellation, 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. (6) If, under subsection (4), the holder of the approval gives a person a notice that the approval has been cancelled, the person must give a notice to each other person to whom the person has supplied an electronic recording system the subject of the approval that constitutes an electronic work diary, or of which an electronic work diary is a part, stating that the approval has been cancelled. Example for the purposes of subsection (6)— The holder of an approval is a service provider who has supplied to the operator of a fatigue‑regulated heavy vehicle an approved electronic recording system constituting an electronic work diary or of which an electronic work diary is a part. If, under subsection (4), the service provider gives the operator a notice stating the approval has been cancelled, the operator must give the driver of the vehicle a notice stating the approval has been cancelled. (7) Nothing in this section prevents the Regulator from publishing details of the cancellation by whatever means the Regulator thinks appropriate. The Regulator may publish the cancellation in the Commonwealth Gazette or on a website. holder, of an electronic recording system approval that has been cancelled, means the person who, immediately before the cancellation took effect, held the approval.