(1)  A driver of a controlled vehicle may apply to the Commission for the issue of a national driver work diary (including a replacement national driver work diary) at any time, whether the Commission requires the driver to carry a national driver work diary or not.

(2)  An application is to be in a form approved by the Commission.

(3)  If the application is for a national driver work diary to replace a national driver work diary (the "existing work diary" ) that has been previously issued to the driver, whether in this State or under a law of another jurisdiction, the driver must give the existing work diary to the Commission with the application unless the existing work diary has been lost, stolen or destroyed.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; or

(b) a subsequent offence, a fine not exceeding 40 penalty units.

(4)  If the driver gives the existing work diary to the Commission, the Commission must –

(a) cancel any unused daily sheets in the work diary; and

(b) return the work diary to the driver when the Commission issues the replacement work diary to the driver.

(5)  If the application is for a national driver work diary to replace a national driver work diary that has been lost, stolen or destroyed, the application must –

(a) state the national driver work diary's number and that it has been lost, stolen or destroyed; and

(b) be accompanied by a statutory declaration outlining the circumstances of the loss, theft or destruction.