10. Destroyed, lost, stolen or malfuncti10. Destroyed, lost, stolen or malfunctioning work diaries

10. Destroyed, lost, stolen or malfunctioning work diaries

(1) For sections 59(1) and (1A) substitute – “(1) This section applies if a driver is unable to use a work diary because: (a) it is filled up, destroyed, lost or stolen; or (b) in the case of an electronic work diary: (i) it is malfunctioning; or (ii) a component of it is destroyed, lost or stolen. (1A) During any period in which subsection (1) applies, the driver must record in a supplementary record any information that he or she is required by section 57 to record.

Court‑imposed penalty: $4 000.

Infringement notice penalty: $800.”.

(2) For section 59(1B)(a) substitute – “(a) the driver is given a replacement work diary; or (aa) in the case of an electronic work diary that is malfunctioning – the diary is brought into working order; or (ab) in the case of an electronic work diary for which a component has been destroyed, lost or stolen – the driver is given a replacement component and the diary is brought into working order; or”. (3) For section 59(3) substitute – “(3) As soon as practicable (but within 2 business days) after the driver becomes aware that subsection (1) applies, the driver must give the Authority written notice, in a form approved by the Authority, of the relevant event that caused that subsection to apply.

Court‑imposed penalty: $4 000.

Infringement notice penalty: $800.”.

(4) For section 59(8) substitute – “(8) An offence against subsection (1A), (3), (4), (5), (6) or (7) is an offence of absolute liability.”.