Queensland Numbered Acts Queensland Numbered Acts(1) This section applies if, under this Subdivision, the Regulator notifies the holder of an electronic recording system approval that the approval has been cancelled.
(2) The holder of the approval must remove from any device that is, or is part of, an electronic recording system in the holder's possession any electronic work diary label relating to the approval.
Maximum penalty—$6000.
(3) The Regulator may, by notice, direct the holder of the approval to give each person to whom the holder has supplied a device that is, or is part of, an electronic recording system the subject of the approval a notice stating that—
(a) the approval has been cancelled; and
(b) any electronic work diary label relating to the approval on any device that is, or is part of, the electronic recording system still in the other person's possession must be removed.
(4) If the Regulator gives the holder of the approval a direction under subsection (3), the holder must comply with the direction.
Maximum penalty—$6000.
(5) 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—
(a) by notice published in a newspaper stated by the Regulator;
(b) by notice published in a journal or newsletter stated by the Regulator;
(c) on a website stated by the Regulator.
(6) 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, or a device forming part of the system, stating that—
(a) the approval has been cancelled; and
(b) any electronic work diary label relating to the approval on any device that is, or is part of, an electronic recording system still in the other person's possession must be removed.
Example for the purposes of subsection (6)—
The holder of an approval is a manufacturer and the manufacturer has supplied a device that is, or is part of, an electronic recording system the subject of the approval to an operator of a fatigue-regulated heavy vehicle who has supplied the device to the vehicle's driver. If, under subsection (4), the manufacturer gives the operator a notice stating the approval has been cancelled and any electronic work diary label relating to the approval on any device that is, or is part of, an electronic recording system still in the operator's possession must be removed, the operator must give the driver a notice stating the approval has been cancelled and any electronic work diary label relating to the approval on any device that is, or is part of, an electronic recording system still in the driver's possession must be removed.
Maximum penalty—$6000.
(7) 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.
(8) A person who is aware that an electronic recording system approval has been cancelled must remove from any device that is, or is part of, an electronic recording system in the person's possession any electronic work diary label relating to the approval.
Maximum penalty—$6000.
(9) 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.