19. Tampering with electronic work diari19. Tampering with electronic work diaries

19. Tampering with electronic work diaries

(1) In section 71(4) – (a) in paragraph (d), for “diary.” substitute “diary; or”; (b) after paragraph (d) insert – “(e) results in inaccurate data being recorded by the diary; or (f) may result in inaccurate data being recorded by the diary.”. (2) After section 71(4) insert – “(4A) A person also tampers with an electronic work diary if the person tampers or otherwise interferes with any electronic signal that is sent to, or from, the diary, and that conduct has any of the effects listed in subsection (4).”. (3) After section 71(7) insert – “(8) If a person is charged with an offence against subsection (1) and the alleged offence involves tampering or otherwise interfering with any electronic signal that is sent to, or from, an electronic work diary, it is a defence to the charge if the person proves that he or she was not aware, and could not reasonably be expected to have been aware, that the activity that constituted the alleged tampering or interfering would interfere with the electronic signal. (9) Subsection (8) does not apply to a driver who was using the electronic work diary or to the driver’s record keeper.”.