15. Insertion of new section 76A15. Insertion of new section 76A

15. Insertion of new section 76A

After section 76 insert –

“76A Notice of variation of approval

(1) This section applies if: (a) the Authority varies the approval of an electronic work diary; and (b) in the Authority’s opinion, the variation will, or is likely to, significantly affect the way the diary is to be used. (2) The Authority may direct the person who, immediately before the variation took effect, held the approval to notify in writing each person to whom he, she or it has supplied any diary under the approval that the approval has been varied. (3) If the Authority gives a direction to a person under subsection (2), the person must comply with the direction.

Court‑imposed penalty: $6 000

(4) With the consent of the Authority, a person may comply with subsection (3) by publishing details of the variation, and any further details specified by the Authority, using at least 2 of the following methods: (a) by notice published in a newspaper specified by the Authority; (b) by notice published in a journal or newsletter specified by the Authority; (c) on a website specified by the Authority. (5) Nothing in this section prevents the Authority from publishing details of the cancellation by whatever means it thinks appropriate.

Note: Example: The Authority may publish the cancellation by gazettal or on a website.

(6) An offence against this section is an offence of absolute liability. (7) However, a person charged with the offence has the benefit of the reasonable steps defence.

Note: Section 24 explains the reasonable steps defence.”.