21. Insertion of section 74A21. Insertion of section 74A

21. Insertion of section 74A

After section 74 insert –

“74A. Labelling of electronic work diary devices

(1) In this section, approved electronic work diary means a system of recording information electronically that is the subject of a current approval of the Authority under section 74 for use as an electronic work diary for the purposes of this Act, or that is identical to such a system. (2) A person may place on any device that is, or that forms part of, an approved electronic work diary a label that indicates that the device is, or is part of, an approved electronic work diary.

Note: Under section 56(5), placing a label of the sort described in this subsection on a thing makes the thing an electronic work diary for the purposes of this Act, provided the label states the number of the certificate of approval that applies to the thing, and provided the thing is the subject of a current approval under section 74 and is in a form that has been approved by the Authority.

(3) A person must not place on any device a label that indicates that the device is, or is part of, an approved electronic work diary if the device is not, or does not form part of, an approved electronic work diary.

Court‑imposed penalty: $6 000.

(4) A person must not use as an electronic work diary for the purposes of this Act any device that has a label that indicates that the device is, or is part of, an approved electronic work diary if the person knows, or reasonably ought to know, that the device is not, or does not form part of, an approved electronic work diary.

Court‑imposed penalty: $6 000.

(5) The existence of a label on a thing that indicates that the thing is, or forms part of, an approved electronic work diary, and that purports to show the number of a certificate of approval, is evidence that the thing is an approved electronic work diary. (6) An offence against subsection (3) or (4) is an offence of strict liability.”.