Requirements if approval cancelled
355 Requirements if approval cancelled
This section applies if, under this Subdivision, the Regulator notifies the holder of an electronic recording system approval that the approval has been cancelled.
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.
Maximum penalty—$6000.
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.
If the Regulator gives the holder of the approval a direction under subsection (3), the holder must comply with the direction.
Maximum penalty—$6000.
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—
by notice published in a newspaper stated by the Regulator;
by notice published in a journal or newsletter stated by the Regulator;
on a website stated by the Regulator.
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.
Maximum penalty—$6000.
Nothing in this section prevents the Regulator from publishing details of the cancellation by whatever means the Regulator thinks appropriate.
Example—
The Regulator may publish the cancellation in the Commonwealth Gazette or on a website.
In this section—
holder, of an electronic recording system approval that has been cancelled, means the person who, immediately before the cancellation took effect, held the approval.
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