Chapter 4 Investigation powers relating to road transport legislation
(cf model provisions, s 14)
(1) The Authority may, by instrument in writing, appoint:(a) a specified person to be an authorised officer, or(b) persons of a specified class to be authorised officers.(2) An authorised officer may but need not be a member of staff of the Authority or of a public authority.(3) Without limiting the above, an authorised officer as defined in a corresponding applicable road law may be appointed as an authorised officer under this section.
122 Exercise of powers by authorised officers
(cf model provisions, s 15)
(1) An authorised officer has the powers conferred on authorised officers by the road transport legislation.(2) However, the Authority may, by instrument in writing applicable to a specified authorised officer or each authorised officer of a specified class:(a) provide that the officer may not exercise specified powers, or(b) provide that the officer may exercise specified powers only, or(c) otherwise restrict the powers that the officer may exercise, including (for example) by limiting the circumstances in which the officer may exercise any powers conferred on the officer.(3) In addition, the regulations may identify powers that may only be exercised by authorised officers, or classes of authorised officers, who are specifically empowered by the Authority under subsection (2) (b) to exercise them.
(cf model provisions, s 17)
(1) The Authority may, by instrument in writing, delegate all or any of its powers under this Act (other than this power of delegation) to specified authorised officers or authorised officers of specified classes.(2) The Commissioner of Police may, by instrument in writing, delegate all or any of the Commissioner’s powers under this Act (other than this power of delegation) to specified police officers or police officers of specified classes.(3) A delegate may sub-delegate a delegated power, but only if and to the extent that the instrument of delegation authorises the sub-delegation of the power.(4) Nothing in this section affects any other Act or law by or under which powers may be delegated by the Authority or the Commissioner of Police or by or under which powers of the Authority or the Commissioner of Police may otherwise be exercised by other persons.
(cf model provisions, s 18)
(1) The Authority may:(a) issue an authorised officer (other than a police officer) with an identification card, or(b) designate a card, issued to an authorised officer (other than a police officer) by another person, body or authority (whether or not of this jurisdiction), as an identification card for the purposes of this Act.(2) An identification card issued by the Authority must:(a) contain a photograph of the officer, the name of the Authority and either:(i) the name and signature of the officer, or(ii) a unique number that has been assigned to the officer by the Authority, and(b) identify the officer as an authorised officer.(3) The Authority must not designate a card issued to an authorised officer by another person, body or authority as an identification card for the purposes of this Act unless the card:(a) contains a photograph of the officer, the name of the other person, body or authority and either:(i) the name and signature of the officer, or(ii) a unique number that has been assigned to the officer by the other person, body or authority, and(b) identifies in some way (however expressed) the officer as an authorised officer under another law or as having official functions under another law.
125 Production of identification
(cf model provisions, s 19)
(1) This section applies to powers conferred on authorised officers or police officers by or under an applicable road law, but only where the physical presence of an officer at the scene is necessary for the exercise of the power.(2) An authorised officer (other than a police officer) must not exercise a power unless an identification card has been issued to or designated for the officer.(3) An authorised officer (other than a police officer) who is exercising or about to exercise a power is required to comply with a request to identify himself or herself, by producing his or her identification card.(4) A police officer who is exercising or about to exercise a power is required to comply with a request to identify himself or herself, by either of the following methods (at the officer’s choice):(a) producing his or her police identification,(b) stating orally or in writing his or her name and place of duty.(5) An officer is required to comply with a requirement under subsection (3) or (4):(a) immediately, or(b) if it is not practicable to comply with the requirement immediately—as soon as practicable afterwards.(6) An officer need only identify himself or herself once to a particular person during the course of an incident, even though more than one power is being exercised during the course of the incident.(7) In this section:incident means:
(a) a single incident, or(b) a connected series of incidents involving the same or substantially the same parties and occurring during a period of 72 hours.power means a power under an Australian applicable road law.
request, in relation to the exercise of a power, means a request made by a person (if any) in respect of whom the power is being or is about to be exercised.
126 Return of identification cards
(cf model provisions, s 20)
(1) A person is guilty of an offence if:(a) the Authority has issued an identification card to the person, and(b) the person was, but has stopped being, an authorised officer, and(c) the Authority has requested the person to return the card to the Authority within a specified period, and(d) the person did not return the card during the period.Maximum penalty: 20 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable excuse.(3) The onus of proof of reasonable excuse in proceedings for an offence under this section lies on the defendant.
127 Reciprocal powers of officers
(cf model provisions, s 21)
(1) This section has effect in relation to another jurisdiction while the corresponding law of the other jurisdiction contains provisions corresponding to this section.(2) The Minister may enter into agreements with a Minister of the other jurisdiction for the purposes of this section, and to amend or revoke any such agreement.(3) To the extent envisaged by such an agreement:(a) authorised officers (other than police officers) or police officers of this jurisdiction may, in this jurisdiction or the other jurisdiction, exercise functions conferred respectively on authorised officers or police officers of the other jurisdiction by or under the corresponding law of the other jurisdiction, and(b) authorised officers or police officers of the other jurisdiction may, in this jurisdiction or the other jurisdiction, exercise functions conferred respectively on authorised officers (other than police officers) or police officers by or under this Act.(4) Anything done or omitted to be done by an authorised officer or police officer of this jurisdiction under subsection (3) (a) is taken to have been done under this Act as well as under the corresponding law.(5) The regulations may make provision for or with respect to the exercise of powers under this section.(6) Nothing in this section affects the appointment under section 121 (3) (Authorised officers) of persons as authorised officers for the purposes of this Act.
128 Authority may exercise powers of authorised officers
(cf model provisions, s 22)
(1) The Authority may exercise any power conferred by or under an applicable road law on an authorised officer, other than a power that requires the physical presence of an authorised officer.(2) Accordingly, in this Act (except this Part) references to an authorised officer include references to the Authority.
129 Amendment or revocation of directions or conditions
(cf model provisions, s 185)
(1) An authorised officer (other than a police officer) may amend or revoke a direction given, or conditions imposed, by an authorised officer under this Act.(2) A police officer may amend or revoke a direction given, or conditions imposed, by a police officer under this Act.
Part 4.2 Investigation powers for certain laws
(1) This Part applies in respect of obligations and functions under the following laws:(a) an Australian applicable road law,Note. Australian applicable road law is defined in section 3 (1) to mean an applicable road law or a corresponding applicable road law.(b) Part 2AA of the Road Transport (Vehicle Registration) Act 1997,(c) any other Act or regulation prescribed for the purposes of this Part.(2) In this Part, applicable road law means a law to which this Part applies.(3) Words and expressions used in this Part have the same meanings as they have in Chapter 3.
131 Meaning of qualified, fit or authorised to drive or run engine
(cf model provisions, s 23)
(1) For the purposes of this Part, a person is qualified to drive a vehicle or combination (or to run its engine) if the person:(a) holds a driver licence of the appropriate class to drive it and the driver licence is not suspended, and(b) is not prevented by or under a law (including, for example, by the conditions of the licence) from driving it at the relevant time.(2) For the purposes of this Part, a person is fit to drive a vehicle or combination (or to run its engine) if the person:(a) is apparently physically and mentally fit to drive the vehicle or combination, and(b) (without limiting the above) is not apparently affected by:(i) alcohol, or(ii) any drug that affects the person’s fitness to drive,or both, and(c) is not at the time found to have a concentration of alcohol in the person’s breath or blood that exceeds the amount permitted by an applicable road law.(3) For the purposes of this Part, a person is authorised:(a) to drive a vehicle or combination if the person is its operator or has the authority of the operator to drive it, or(b) to run the engine of a vehicle or combination if the person is its operator or has the authority of the operator to drive it or to run the engine,regardless of whether or not the person is qualified to drive the vehicle or combination (or run its engine) as mentioned in subsection (1).
132 Meaning of unattended vehicle or combination and driver of disconnected trailer
(cf model provisions, s 24)
(1) For the purposes of this Part, a vehicle or a combination is unattended if:(a) where the authorised officer concerned:(i) is present at the scene—there is, after inspection and enquiry by the officer that is reasonable in the circumstances, apparently no person in, on or in the vicinity of the vehicle or the combination who appears to be a driver of the vehicle or the combination, or(ii) is not present at the scene but is able to inspect the scene by means of camera or other remote surveillance system—there is, after inspection by the officer that is reasonable in the circumstances, apparently no person in, on or in the vicinity of the vehicle or the combination who appears to be a driver of the vehicle or the combination, or(b) where there is apparently such a person in, on or in the vicinity of the vehicle or combination—the officer believes on reasonable grounds that:(i) the person is not qualified, not fit or not authorised to drive it, or(ii) the person is or appears to be unwilling to drive it, or(iii) the person is subject to a direction under section 139 (Direction to leave vehicle or combination) in relation to the vehicle or combination.(2) A reference in this Part to the driver of a vehicle is, in a case where the vehicle is a trailer and is not connected (either directly or by one or more other trailers) to a towing vehicle, a reference to the driver of the towing vehicle to which the trailer was or apparently was last connected.
133 Meaning of broken down vehicle or combination
(cf model provisions, s 25)
(1) For the purposes of this Part, a vehicle that is a motor vehicle is broken down if it is not possible to drive the vehicle because it is disabled through damage, mechanical failure, lack of fuel or any similar reason.(2) For the purposes of this Part, a vehicle that is a trailer is broken down if it is not connected (either directly or by one or more other trailers) to a towing vehicle, whether or not the trailer is also disabled through damage, mechanical power or any similar reason.(3) For the purposes of this Part, a combination is broken down if it is not possible to drive the combination because the combination or a vehicle comprised in the combination is disabled through damage, mechanical failure, lack of fuel or any similar reason.
134 Meaning of compliance purposes
(cf model provisions, s 26)
For the purposes of this Part, a power is exercised for compliance purposes if the power is exercised:(a) to find out whether an applicable road law or an approved road transport compliance scheme is being complied with by that or any other person, or(b) to investigate a breach or suspected breach of an applicable road law or an approved road transport compliance scheme by that or any other person.
Division 2 Directions to stop, move or leave vehicles or combinations
(cf model provisions, s 27)
(1) This Division applies to a vehicle or combination located:(a) on any road, or(b) in or on any public place, or(c) in or on any premises occupied or owned by the Authority or by any other public authority, or(d) in or on any premises where the officer is lawfully present after entry under Division 4.(2) This Division applies to a vehicle or combination seen on any road.(3) This Division applies to the driver of a vehicle or combination who is apparently in, on or in the vicinity of the vehicle or combination.
136 Direction to stop vehicle or combination: to enable exercise of other powers
(cf model provisions, section 28)
(1) An authorised officer may, for the purpose of or in connection with exercising other powers under an applicable road law, direct:(a) the driver of a vehicle or combination to stop the vehicle or combination, or(b) the driver of a vehicle or combination or any other person not to do any one or more of the following:(i) move the vehicle or combination,(ii) interfere with it or any equipment in or on it,(iii) interfere with its load.(2) A direction to stop a vehicle or combination may require that it be stopped without delay, or that it be stopped at the nearest place for it to be safely stopped as indicated by the officer.(3) A direction to stop the vehicle or combination, or not to move it, or not to interfere with it or any equipment in or on it or with its load, does not prevent an authorised officer from giving the driver or another person any later inconsistent directions under other provisions of the applicable road laws.(4) A direction ceases to be operative to the extent that an authorised officer:(a) gives the driver or other person a later inconsistent direction, or(b) indicates to the driver or other person that the direction is no longer operative.(5) A person is guilty of an offence if:(a) the person is subject to an operative direction under subsection (1), and(b) the person engages in conduct that results in a contravention of the direction.Maximum penalty: 60 penalty units.
(6) In this section:stop a vehicle or combination means to stop the vehicle or combination and keep it stationary.
137 Direction to move vehicle or combination: to enable exercise of other powers
(cf model provisions, s 29)
(1) An authorised officer may, for the purpose of or in connection with the exercise of other powers under an applicable road law, direct the driver or operator of a vehicle or combination to move it or cause it to be moved to the nearest suitable location that is within the prescribed distance and specified by the officer.(2) A person is guilty of an offence if:(a) the person is subject to a direction under subsection (1), and(b) the person engages in conduct that results in a contravention of the direction.Maximum penalty: 60 penalty units (in the case of an individual) and 300 penalty units (in the case of a corporation).
(3) In proceedings for an offence in relation to a contravention of a direction under subsection (1), it is a defence if the person charged establishes that:(a) it was not possible to move the vehicle or combination concerned because it was broken down, and(b) the breakdown occurred for a physical reason beyond the driver’s or operator’s control, and(c) the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.(4) In this section:prescribed distance means a distance (in any direction) within a radius of 30 kilometres of:
(a) the location of the vehicle or combination when the direction is given, or(b) any point along the forward route of the journey, if the direction is given in the course of a journey of the vehicle or combination.suitable location means a location that the authorised officer concerned believes on reasonable grounds to be a suitable location having regard to any matters the officer considers relevant in the circumstances.
138 Direction to move vehicle or combination: where danger or obstruction
(cf model provisions, s 30)
(1) This section applies where an authorised officer believes on reasonable grounds that a vehicle or combination is:(a) causing serious harm, or creating an imminent risk of serious harm, to public safety, the environment or road infrastructure, or(b) causing or likely to cause an obstruction to traffic.(2) The officer may direct the driver or operator of the vehicle or combination to do either or both of the following:(a) to move it, or cause it to be moved, to the extent necessary to avoid the harm or obstruction,(b) to do anything else reasonably required by the officer, or to cause anything else reasonably required by the officer to be done, to avoid the harm or obstruction.(3) A person is guilty of an offence if:(a) the person is subject to a direction under subsection (2), and(b) the person engages in conduct that results in a contravention of the direction.Maximum penalty: 60 penalty units (in the case of an individual) and 300 penalty units (in the case of a corporation).
(4) In proceedings for an offence in relation to the contravention of a direction under subsection (2) (a), it is a defence if the person charged establishes that:(a) it was not possible to move the vehicle or combination concerned because it was broken down, and(b) the breakdown occurred for a physical reason beyond the driver’s or operator’s control, and(c) the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.
139 Direction to leave vehicle or combination
(cf model provisions, s 31)
(1) This section applies where:(a) the driver of a vehicle or combination fails to comply with a direction given by an authorised officer under another provision of this Division, or(b) an authorised officer believes on reasonable grounds that the driver of a vehicle or combination is not qualified, is not fit or is not authorised to drive the vehicle or combination in order to comply with such a direction.(2) The officer may direct the driver to do any one or more of the following:(a) to vacate the driver’s seat,(b) to leave the vehicle or combination,(c) not to occupy the driver’s seat until permitted to do so by an authorised officer,(d) not to enter the vehicle or combination until permitted to do so by an authorised officer.(3) The officer may direct any other person to do either or both of the following:(a) to leave the vehicle or combination,(b) not to enter the vehicle or combination until permitted to do so by an authorised officer.(4) A person is guilty of an offence if:(a) the person is subject to a direction under subsection (2) or (3), and(b) the person engages in conduct that results in a contravention of the direction.Maximum penalty: 60 penalty units.
140 Manner of giving directions under this Division
(cf model provisions, s 32)
(1) A direction under this Division may be given to a driver or other person orally or by means of a sign or signal (electronic or otherwise), or in any other manner.(2) A direction under this Division may be given to an operator orally or by telephone, facsimile, electronic mail or radio, or in any other manner.
Division 3 Power to move unattended or broken down vehicles or combinations
141 Moving unattended vehicle or combination: to enable exercise of other functions
(cf model provisions, s 33)
(1) This section applies where an authorised officer:(a) believes on reasonable grounds that a vehicle or combination is unattended on a road, and(b) is seeking to exercise other functions under an applicable road law, and(c) believes on reasonable grounds that the vehicle or combination should be moved to enable or to facilitate the exercise of those functions.(2) The officer may:(a) move the vehicle or combination (by driving or towing it or otherwise), or(b) authorise another person to move it (by driving or towing it or otherwise),to the extent reasonably necessary to enable or to facilitate the exercise of the functions concerned.(3) The officer may enter the vehicle or combination, or authorise another person to enter it, for the purpose of moving the vehicle.(4) The officer or person authorised by the officer may use reasonable force to do any or all of the following:(a) to open unlocked doors and other unlocked panels and objects,(b) to gain access to the vehicle or combination, or its engine or other mechanical components, to enable the vehicle or combination to be moved,(c) to enable the vehicle or combination to be towed.(5) The officer or person authorised by the officer may drive the vehicle or combination only if qualified and fit to drive it.
142 Moving unattended or broken down vehicle or combination: where danger or obstruction
(cf model provisions, s 34)
(1) This section applies where an authorised officer believes on reasonable grounds that:(a) a vehicle or combination on a road is unattended or broken down, and(b) the vehicle or combination is causing serious harm, or creating an imminent risk of serious harm, to public safety, the environment or road infrastructure, or is causing or likely to cause an obstruction to traffic.(2) The officer may:(a) move the vehicle or combination or any vehicle forming part of the combination (by driving or towing it or otherwise), or(b) authorise another person to move it (by driving or towing it or otherwise),to the extent reasonably necessary to avoid the danger or obstruction.(3) The officer may:(a) enter the vehicle or combination, or authorise another person to enter it, for the purpose of moving the vehicle, or(b) separate any or all of the vehicles forming part of the combination, or authorise another person to separate them, for the purpose of moving any or all of the vehicles.(4) The officer may drive the vehicle or combination even though the officer is not qualified to drive it, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle or combination who is more capable of driving it than the officer and who is fit and willing to drive it.(5) The person authorised by the officer may drive the vehicle or combination even though the authorised person is not qualified to drive it, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle or combination who is more capable of driving it than the authorised person and who is fit and willing to drive it.(6) The officer or person driving a vehicle or combination under the authority of this section is exempt from any other provision of the road transport legislation to the extent that the other provision would require him or her to be licensed or otherwise authorised to drive it.(7) The officer or person authorised by the officer may use reasonable force to the extent reasonably necessary to avoid the danger or obstruction.
143 Operator’s authorisation not required for driving under this Division
(cf model provisions, s 35)
It is immaterial that the officer or person driving a vehicle or combination under the authority of this Division is not authorised to drive it (as referred to in section 131 (3) (Meaning of qualified, fit or authorised to drive or run engine)).
Division 4 Powers of inspection and search
Note. This Division authorises:(a) premises of operators and a range of other premises to be inspected and searched.(b) vehicles or combinations to be inspected in any such premises and on roads, public places and certain official premises.
144 Power to inspect vehicle or combination on a road, public place or certain official premises
(cf model provisions, s 36)
(1) Application of section
This section applies to a vehicle or combination located at a place:(a) on any road, or(b) in or on any public place, or(c) in or on any premises occupied or owned by the Authority or by any other public authority,whether or not the vehicle or combination is unattended.(2) Power to inspect
An authorised officer may inspect a vehicle or combination for compliance purposes.(3) The officer may enter the vehicle or combination for the purpose of or in connection with conducting the inspection.(4) Consent not required
The officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the vehicle or combination or any other person.(5) What power includes
Without limiting the above, the power to inspect a vehicle or combination under this section includes any or all of the following:(a) the power to weigh, test, measure or take photographs of the vehicle or combination or any part of it or its equipment or load,(b) the power to check the existence or details of, or take photographs of, placards or other information required by or under an applicable road law or by or under an approved road transport compliance scheme to be displayed in or on the vehicle or combination, including placards or other information relating to its specifications, capabilities or legal entitlements,(c) the power to inspect and take copies of or extracts from any records that are located in or on the vehicle or combination and that are required to be carried in or on the vehicle or combination by or under an applicable road law or by or under an approved road transport compliance scheme,(d) the power to access or download information that is required to be kept by or under an applicable road law or by or under an approved road transport compliance scheme and that is:(i) stored electronically in equipment located in or on the vehicle, or(ii) accessible electronically from equipment located in or on the vehicle.(6) Use of force not permitted
This section does not authorise the use of force, but the officer may under this section do any or all of the following:(a) open unlocked doors and other unlocked panels and objects,(b) inspect anything that has been opened or otherwise accessed under the power to use reasonable force in the exercise of a power to enter or move a vehicle or combination under Division 3,(c) move but not take away anything that is not locked up or sealed.
145 Power to search vehicle or combination on a road, public place or certain official premises
(cf model provisions, s 37)
(1) Application of section
This section applies to a vehicle or combination located at a place:(a) on any road, or(b) in or on any public place, or(c) in or on any premises occupied or owned by the Authority or by any other public authority,whether or not the vehicle or combination is unattended.(2) Power to search
An authorised officer may search a vehicle or combination for compliance purposes, if the officer believes on reasonable grounds that:(a) the vehicle or combination has been used, is being used, or is likely to be used, in the commission of an offence under an applicable road law or in the commission of a breach of an approved road transport compliance scheme, or(b) the vehicle or combination has been or may have been involved in an incident involving death or personal injury or damage to property.(3) The officer may form the necessary belief during or after an inspection or independently of an inspection.(4) The officer may enter the vehicle or combination for the purpose of or in connection with conducting the search.(5) Consent not required
The officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the vehicle or combination or any other person.(6) What power includes
Without limiting the above, the power to search a vehicle or combination under this section includes any or all of the following:(a) the power to search for evidence of an offence under an applicable road law or a breach of an approved road transport compliance scheme,(b) the power to search for and inspect any records, devices or other things that relate to the vehicle or combination or any part of its equipment or load and that are located in or on the vehicle or combination,(c) the power to take copies of or extracts from any or all of the following:(i) any records that are located in or on the vehicle or combination and that are required to be carried in or on the vehicle or combination by or under an applicable road law or by or under an approved road transport compliance scheme,(ii) any transport documentation or journey documentation located in or on the vehicle or combination,(iii) any other records, or any readout or other data obtained from any device or thing, located in or on the vehicle or combination that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an offence under an applicable road law or a breach of an approved road transport compliance scheme,(d) any powers that may be exercised during an inspection of a vehicle or combination under section 144 (5) (Power to inspect vehicle or combination on a road, public place or certain official premises).(7) The power to search a vehicle or combination under this section does not include a power to search a person.(8) Power of seizure
The officer may seize and remove any records, devices or other things from the vehicle or combination that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an offence under an applicable road law or a breach of an approved road transport compliance scheme.(9) Use of force
The officer may use reasonable force in the exercise of functions under this section.
146 Additional vehicle search powers relating to fatigue offences
(1) Application of section
This section applies to a vehicle or combination located at a place:(a) on any road, or(b) in or on any public place, or(c) in or on any premises occupied or owned by the Authority or by any other public authority,whether or not the vehicle or combination is unattended.(2) Power to search
An authorised officer may search a vehicle or combination for compliance purposes, if the officer believes on reasonable grounds that there may be in or on the vehicle or combination records, devices or other things that may provide evidence of an offence under a regulation made under section 11B.(3) The officer may form the necessary belief during or after an inspection or independently of an inspection.(4) The officer may enter the vehicle or combination for the purpose of or in connection with conducting the search.(5) Consent not required
The officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the vehicle or combination or any other person.(6) What power includes
Without limiting the above, the power to search a vehicle or combination under this section includes any or all of the following:(a) the power to search for evidence of an offence referred to in subsection (2),(b) the power to search for and inspect any records, devices or other things that relate to the vehicle or combination or any part of its equipment or load, or the driving time, work time or rest time of a driver of the vehicle or combination, and that are located in or on the vehicle or combination,(c) the power to take copies of or extracts from any or all of the following:(i) any records that are located in or on the vehicle or combination and that are required to be carried in or on the vehicle or combination by or under an applicable road law or by or under an approved road transport compliance scheme,(ii) any transport documentation or journey documentation located in or on the vehicle or combination,(iii) any other records, or any readout or other data obtained from any device or thing, located in or on the vehicle or combination that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an offence referred to in subsection (2),(d) any powers that may be exercised during an inspection of a vehicle or combination under section 144 (5) (Power to inspect vehicle or combination on a road, public place or certain official premises).(7) The power to search a vehicle or combination under this section does not include a power to search a person.(8) Power of seizure
The officer may seize and remove any records, devices or other things from the vehicle or combination that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an offence referred to in subsection (2).(9) Use of force
The officer may use reasonable force in the exercise of functions under this section.
(cf model provisions, s 38)
(1) Application of section
This section applies to the following premises:(a) any premises at or from which a responsible person carries on business, or that are occupied by a responsible person in connection with such a business, or that are a registered office of a responsible person,(b) the garage address of a vehicle or combination,(c) the base of the driver or drivers of a vehicle or combination,(d) any premises where records required to be kept by or under an applicable road law or by or under an approved road transport compliance scheme are located or where any such records are required to be located.(2) Power to inspect
An authorised officer may inspect premises for compliance purposes.(3) The officer may enter the premises for the purpose of conducting the inspection.(4) Without limiting the above, the officer may inspect, or enter and inspect, any vehicle or combination at the premises.(5) Consent required, except for business premises during business hours
The inspection may be made:(a) at any time with the consent of the occupier or other person apparently in charge of the premises, or(b) if a business is carried on at the premises—at any time during the usual business operating hours applicable at the premises (whether or not the premises are actually being used for that purpose), and without consent.(6) Unattended premises and residential premises
This section does not authorise, without consent, the entry or inspection of:(a) premises that are apparently unattended, unless the officer believes on reasonable grounds that the premises are not unattended, or(b) premises that are, or any part of premises that is, used predominantly for residential purposes.(7) What power includes
Without limiting the above, the power to inspect premises under this section includes any or all of the following:(a) the power to inspect and take copies of or extracts from any records located at the premises and required to be kept by or under an applicable road law or by or under an approved road transport compliance scheme,(b) the power to check the existence of and inspect any devices (including weighing, measuring, recording or monitoring devices) required to be installed, used or maintained by or under an applicable road law or by or under an approved road transport compliance scheme, and to inspect and take copies of or extracts from any readout or other data obtained from any such device,(c) the power to exercise with respect to a vehicle or combination located at the premises any powers that may be exercised during an inspection of a vehicle or combination under section 144 (5) (Power to inspect vehicle or combination on a road, public place or certain official premises),(d) the power to use photocopying equipment on the premises free of charge for the purpose of copying any records or other material.(8) Use of force not permitted
This section does not authorise the use of force, but the officer may under this section do any or all of the following:(a) open unlocked doors and other unlocked panels and objects,(b) inspect anything that has been opened or otherwise accessed under the power to use reasonable force in the exercise of a power to enter or move a vehicle or combination under Division 3,(c) move but not take away anything that is not locked up or sealed.
(cf model provisions, s 39)
(1) Application of section
This section applies to the following premises:(a) any premises at or from which a responsible person carries on business, or that are occupied by a responsible person in connection with such a business, or that are a registered office of a responsible person,(b) the garage address of a vehicle or combination,(c) the base of the driver or drivers of a vehicle or combination,(d) any premises where records required to be kept by or under an applicable road law or by or under an approved road transport compliance scheme are located or where any such records are required to be located,(e) any premises where the officer concerned believes on reasonable grounds that:(i) a vehicle or combination is or has been located, or(ii) transport documentation or journey documentation is located.(2) Power to search
An authorised officer may search premises for compliance purposes, if the officer believes on reasonable grounds:(a) that there may be at the premises records, devices or other things that may provide evidence of an offence under an applicable road law or of the commission of a breach of an approved road transport compliance scheme, or(b) that:(i) a vehicle or combination has been or may have been involved in an incident involving death or personal injury or damage to property, and(ii) the vehicle or combination is connected with the premises.(3) For the purposes of this section, a vehicle or combination is connected with the premises if:(a) the premises are the garage address of the vehicle or combination, or(b) the vehicle or combination is, or has within the past 72 hours been, located at the premises, or(c) the premises are or may be otherwise connected (directly or indirectly) with the vehicle or combination or any part of its equipment or load.(4) The officer may form the necessary belief during or after an inspection or independently of an inspection.(5) The officer may enter the premises for the purpose of conducting the search.(6) Without limiting the above, the officer may search, or enter and search, any vehicle or combination at the premises.(7) Search warrant or consent required
The search may be conducted:(a) at any time under the authority of a search warrant under this Act, or(b) at any time with the consent of the occupier or other person apparently in charge of the premises.(8) Unattended premises and residential premises
This section does not authorise, without a search warrant or consent, the entry or searching of:(a) premises that are unattended, unless the officer believes on reasonable grounds that the premises are not unattended, or(b) premises that are, or any part of premises that is, used predominantly for residential purposes.(9) What power includes
Without limiting the above, the power to search premises under this section includes any or all of the following:(a) the power to search for evidence of an offence under an applicable road law or a breach of an approved road transport compliance scheme,(b) the power to search for and inspect any records, devices or other things that relate to a vehicle or combination or any part of its equipment or load, or the driving time, work time or rest time of a driver of the vehicle or combination, and that are located at the premises,(c) the power to take copies of or extracts from any or all of the following:(i) any records that are located at the premises and are required to be kept by or under an applicable road law or by or under an approved road transport compliance scheme,(ii) any transport documentation or journey documentation located at the premises,(iii) any other records, or any readout or other data obtained from any device or thing, located at the premises that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an offence under an applicable road law or a breach of an approved road transport compliance scheme,(d) the power to use photocopying equipment on the premises free of charge for the purpose of copying any records or other material,(e) the power to exercise with respect to a vehicle or combination located at the premises any powers that may be exercised during a search of a vehicle or combination under section 145 (6) (Power to search vehicle or combination on a road, public place or certain official premises),(f) any powers that may be exercised during an inspection of premises under section 147 (7) (Power to inspect premises).(10) The power to search premises under this section does not include a power to search a person.(11) Power of seizure
The officer may seize and remove any records, devices or other things from the premises that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an offence under an applicable road law or a breach of an approved road transport compliance scheme.(12) Use of force
The officer may use reasonable force in the exercise of powers under this section.
(cf model provisions, s 40)
For the purposes of this Division, premises are, or any part of premises is, taken not to be used for residential purposes merely because temporary or casual sleeping or other accommodation is provided there for drivers of vehicles or combinations.
150 Direction to produce records, devices or other things
(cf model provisions, s 44)
(1) An authorised officer may, for compliance purposes, direct any responsible person to produce:(a) any records required to be kept by or under an applicable road law, or(b) any records comprising transport documentation or journey documentation in the person’s possession or under the person’s control, or(c) any records, or any devices or other things that contain or may contain records, in the person’s possession or under the person’s control relating to or indicating:(i) the use, performance or condition of a vehicle or combination, or(ii) ownership, insurance or registration of a vehicle or combination, or(iii) any load or equipment carried or intended to be carried by a vehicle or combination (including insurance of any such load or equipment), or(d) any records, or any devices or other things that contain or may contain records, in the person’s possession or under the person’s control demonstrating that a vehicle’s garage address recorded in the relevant register is the vehicle’s actual garage address.(2) The direction must:(a) specify:(i) the records, devices or other things, or(ii) the classes of records, devices or other things,that are to be produced, and(b) state where and to whom the records, devices or other things are to be produced.Note. Section 156 (Directions to state when to be complied with) deals with the time for compliance.(3) The officer may do any or all of the following:(a) inspect records, devices or other things that are produced,(b) make copies of, or take extracts from, records, devices or other things that are produced,(c) seize and remove records, devices or other things that are produced that the officer believes on reasonable grounds may on further inspection provide evidence of an Australian applicable road law offence.(4) A person is guilty of an offence if:(a) the person is subject to a direction under subsection (1), and(b) without reasonable excuse, the person engages in conduct that results in a contravention of the direction.Maximum penalty: 40 penalty units (in the case of an individual) or 200 penalty units (in the case of a corporation).
(5) The onus of proof of reasonable excuse in proceedings for an offence under this section lies on the defendant.
151 Direction to give name and other personal details in cases relating to heavy vehicle offences
(cf model provisions, s 42)
(1) If an authorised officer suspects on reasonable grounds that a person whose personal details are unknown to the officer:(a) is or may be a responsible person, or(b) has committed or is committing or is about to commit an Australian applicable road law offence, or(c) may be able to assist in the investigation of an Australian applicable road law offence or a suspected Australian applicable road law offence, or(d) is or may be the driver or other person in charge of a heavy vehicle or heavy combination that has been or may have been involved in an incident involving death or personal injury or damage to property,the officer may direct the person to give the officer then and there any or all of the person’s personal details.(2) A person must not:(a) contravene a direction given under this section, or(b) give details that the person knows to be false or misleading in a material particular.Maximum penalty: 20 penalty units.
(3) It is a defence if the person charged establishes that the officer did not first warn the person that contravention of a direction under this section is an offence.(4) In proceedings for an offence of contravening a direction under this section in relation to a failure to state a business address, it is a defence if the person charged establishes that:(a) the person did not have a business address, or(b) the person’s business address was not connected (directly or indirectly) with road transport involving vehicles or combinations.(5) This section does not affect any other provision of this Act or any other law that requires a person to state or provide any personal details.(6) In this section:personal details, in relation to a person, means:
(a) the person’s full name, and(b) the address of where the person is living, and(c) the address of where the person usually lives, and(d) the person’s business address.
152 Direction to provide information
(cf model provisions, s 45)
(1) An authorised officer may, for compliance purposes, direct a responsible person to provide information to the officer about a vehicle or combination or any load or equipment carried or intended to be carried by a vehicle or combination.(2) Without limiting the above, a direction under subsection (1) may require a responsible person who is associated with a particular vehicle or combination to do any or all of the following:(a) to state the name, home address and business address of:(i) other responsible persons of specified types who are associated with the vehicle or combination, and(ii) if so requested, in the case of a combination, the registered operator of each vehicle in the combination,(b) to provide information about the current or intended journey of the vehicle or combination, including:(i) the location of the start or intended start of the journey, and(ii) the route or intended route of the journey, and(iii) the location of the destination or intended destination of the journey.(3) Offence of contravening direction
A person is guilty of an offence if:(a) the person is subject to a direction under subsection (1), and(b) the person engages in conduct that results in a contravention of the direction.Maximum penalty: 40 penalty units (in the case of an individual) or 200 penalty units (in the case of a corporation).
(4) Offence of providing false or misleading information
A person is guilty of an offence if:(a) the person is subject to a direction under subsection (1), and(b) the person provides any information that is false or misleading in a material particular in purported response to the direction.Maximum penalty: 100 penalty units (in the case of an individual) or 500 penalty units (in the case of a corporation).
(5) Defence of no knowledge
In proceedings for an offence of contravening a direction under subsection (1), it is a defence if the defendant establishes that the person did not know and could not be reasonably expected to know or ascertain the required information.(6) Defence about business address
In proceedings for an offence of contravening a direction under subsection (1) in relation to a failure to state another person’s business address, it is a defence if the defendant establishes that:(a) the other person did not have a business address, or(b) the other person’s business address was not connected (directly or indirectly) with road transport involving vehicles or combinations.
153 Direction to provide reasonable assistance for powers of inspection and search
(cf model provisions, s 46)
(1) Direction to provide assistance
An authorised officer may direct a responsible person to provide assistance to the officer to enable the officer effectively to exercise a power under:(a) section 144 (Power to inspect vehicle or combination on a road, public place or certain official premises), or(b) section 145 (Power to search vehicle or combination on a road, public place or certain official premises), or(c) section 146 (Additional vehicle search powers relating to fatigue offences), or(d) section 147 (Power to inspect premises), or(e) section 148 (Power to search premises).(2) Assistance that may be sought
Without limiting the above, the assistance may include helping the officer to do any or all of the following:(a) to find and gain access to any records or information relating to a vehicle or combination, or the driving time, work time or resting time of a driver of the vehicle or combination, including but not limited to:(i) records and information required to be kept in or on a vehicle or combination (including records and information indicating its performance, specifications, capabilities or legal entitlements), or(ii) records and information (including records and information relating to its performance, specifications, capabilities or legal entitlements) in a useable form for the purpose of ascertaining its compliance with requirements imposed by or under an applicable road law,(b) to find and gain access to electronically stored information,(c) to weigh or measure:(i) the whole or any part of a vehicle or combination, including an axle or axle group, or(ii) the whole or any part of its equipment or load,(d) to operate equipment or facilities for a purpose relevant to the power being or proposed to be exercised,(e) to provide access free of charge to photocopying equipment for the purpose of copying any records or other material.(3) This section authorises the giving of a direction to run the engine of a vehicle or combination, but not otherwise to drive the vehicle or combination.(4) Circumstances in which direction can be given
A direction:(a) can only be given in relation to a power under section 144, 145, 146, 147 or 148 (the principal power) while the principal power can lawfully be exercised, and(b) ceases to be operative if the principal power ceases to be exercisable.Note. Accordingly, a direction cannot be given under this section, or remain operative, in relation to the exercise of a power under Division 4 where consent is required for the exercise of the power, unless unwithdrawn consent is given for the exercise of the power or the power can lawfully be exercised without consent.(5) Offence of contravening direction
A person is guilty of an offence if:(a) the person is subject to a direction under subsection (1), and(b) the person engages in conduct that results in a contravention of the direction.Maximum penalty: 60 penalty units (in the case of an individual) or 300 penalty units (in the case of a corporation).
(6) Unreasonable and other directions
Subsection (5) does not apply if:(a) the direction is unreasonable, or(b) without limiting the above, the direction or its subject-matter is outside the scope of the business or other activities of the person.(7) The onus of proof of a matter set out in subsection (6) lies on the defendant in proceedings for an offence under this section.(8) Circumstances when officer or other person may run engine
If the responsible person to whom a direction to run the engine of a vehicle or combination is given under this section fails to comply with the direction or no responsible person is available or willing to do so, the officer may:(a) enter the vehicle or combination and run its engine, or(b) authorise any other person to do so.
154 Provisions relating to running engine
(cf model provisions, s 47)
(1) This section applies to a person (in this section called the authorised person) who is:(a) a responsible person to whom a direction is given under section 153 to run the engine of a vehicle or combination, or(b) an officer authorised by section 153 (8) to run the engine of a vehicle or combination, or(c) a person authorised by an officer under section 153 (8) to run the engine of a vehicle or combination.(2) The authorised person may run the engine even though the person is not qualified to drive the vehicle or combination, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle or combination who is more capable of running the engine than the authorised person and who is fit and willing to run the engine.(3) The authorised person may use reasonable force in complying with the direction to run the engine or when acting under the authority of section 153 (8) to run the engine.(4) It is immaterial that the authorised person is not authorised to run the engine.(5) The authorised person is, in complying with the direction to run the engine or when acting under the authority of section 153 (8) to run the engine, exempt from any other provision of the road transport legislation to the extent that the provision would require him or her to be licensed or otherwise authorised to do so.
154A Directions relating to driver fatigue
(1) An authorised officer may exercise powers under this section if the officer believes on reasonable grounds that a driver has committed a fatigue-related offence and:(a) that the driver is impaired by fatigue that may have been caused by the occurrence of the offence, or(b) that the commission of the offence occurred sufficiently recently that there is a risk that the driver may be impaired by fatigue.(2) The authorised officer may do any of the following:(a) direct the driver to take rest immediately, or to take additional rest at the driver’s next required rest break,(b) direct the driver to work reduced hours in the next relevant period to compensate for excess hours worked,(c) direct the driver to take the next night rest time,(d) direct the driver not to work for a specified period of time,(e) if the officer has observed the driver driving in a way that the officer believes, on reasonable grounds, is dangerous, direct the driver to stop driving immediately, and authorise a qualified person to move the vehicle to a suitable rest place,(f) if the driver fails to produce a specified record or document required to be kept in relation to fatigue management or the officer believes on reasonable grounds that any such record or document produced cannot be relied on, direct the driver not to work for a 24-hour period.(3) A person is guilty of an offence if:(a) the person is subject to a direction under subsection (2), and(b) the person engages in conduct that results in a contravention of the direction.Maximum penalty: 60 penalty units.
(4) In this section:fatigue-related offence means an offence under regulations made under section 11B, being an offence prescribed by the regulations for the purposes of this section.
155 Manner of giving directions under this Division
(cf model provisions, s 48)
(1) A direction under this Division may be given orally, in writing or in any other manner.(2) A direction not given in person may be sent or transmitted by post, telephone, facsimile, electronic mail, radio or in any other manner.
156 Directions to state when to be complied with
(cf model provisions, s 49)
(1) If given orally, a direction under this Division must state whether it is to be complied with then and there or within a specified period.(2) If given in writing, a direction under this Division must state the period within which it is to be complied with.
(cf model provisions, s 50)
(1) This section applies where an authorised officer believes on reasonable grounds that:(a) there may be at particular premises, then or within the next 72 hours, records, devices or other things that may provide evidence of an offence under an applicable road law, or(b) a vehicle or combination has been or may have been involved in an incident involving death or personal injury or damage to property and:(i) the vehicle or combination is or has been located at particular premises, or(ii) particular premises are or may be otherwise connected (directly or indirectly) with the vehicle or combination or any part of its equipment or load.(2) The officer may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 for a search warrant authorising the officer to exercise a power to enter and search the premises under section 148 (Power to search premises).(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.(4) In this section, premises has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.
Division 7 Other provisions regarding inspections and searches
158 Use of assistants and equipment
(cf model provisions, s 51)
(1) An authorised officer may exercise powers under this Part with the aid of such assistants and equipment as the officer considers reasonably necessary in the circumstances.(2) Powers that may be exercised by an authorised officer under this Part may be exercised by an assistant authorised and supervised by the officer, but only if the officer considers that it is reasonably necessary in the circumstances that the powers be exercised by an assistant.
159 Use of equipment to examine or process things
(cf model provisions, s 52)
(1) Without limiting section 158, an authorised officer exercising a power under this Part may bring to, or on to, a vehicle, combination or premises any equipment reasonably necessary for the examination or processing of things found in, on or at the vehicle, combination or premises in order to determine whether they are things that may be seized.(2) If:(a) it is not practicable to examine or process the things at the vehicle, combination or premises, or(b) the occupier of the vehicle, combination or premises consents in writing,the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized.(3) The officer, or a person assisting the officer, may operate equipment already in, on or at the vehicle, combination or premises to carry out the examination or processing of a thing found in, on or at the vehicle, combination or premises in order to determine whether it is a thing that may be seized, if the officer or person assisting believes on reasonable grounds that:(a) the equipment is suitable for the examination or the processing, and(b) the examination or processing can be carried out without damage to the equipment or the thing.
160 Use or seizure of electronic equipment
(cf model provisions, s 53)
(1) If:(a) a thing found in, on or at a vehicle, combination or premises is, or includes, a disk, tape or other device for the storage of information, and(b) equipment in, on or at the vehicle, combination or premises may be used with the disk, tape or other storage device, and(c) the authorised officer concerned believes on reasonable grounds that the information stored on the disk, tape or other storage device is relevant to determine whether a relevant applicable road law or approved road transport compliance scheme has been contravened,the officer or a person assisting the officer may operate the equipment to access the information.(2) If the officer or a person assisting the officer finds that a disk, tape or other storage device in, on or at the vehicle, combination or premises contains information of a kind referred to in subsection (1) (c), he or she may:(a) put the information in documentary form and seize the documents so produced, or(b) copy the information to another disk, tape or other storage device and remove that storage device from the vehicle, combination or premises, or(c) if it is not practicable to put the information in documentary form or to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.(3) An officer or a person assisting an officer must not operate or seize equipment for the purpose mentioned in this section unless the officer or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.
Division 8 Other provisions regarding seizure
161 Receipt for and access to seized material
(cf model provisions, s 54)
If a record, device or other thing is seized and removed under this Part, the authorised officer concerned must:(a) give a receipt for it to the person from whom it is seized and removed, and(b) if practicable, allow the person who would normally be entitled to possession of it reasonable access to it.
(cf model provisions, s 55)
(1) This section applies where:(a) an authorised officer is authorised to seize any record, device or other thing under this Part, and(b) the record, device or other thing cannot, or cannot readily, be physically seized and removed.(2) The officer may issue an embargo notice under this section.(3) An embargo notice is a notice forbidding the movement, sale, leasing, transfer, deletion of information from or other dealing with the record, device or other thing, or any part of it, without the written consent of the officer, the Authority or the Commissioner of Police.(4) The embargo notice:(a) must be in the form, or contain the particulars, required by the regulations, and(b) must list the activities that it forbids, and(c) must set out a copy of subsection (8).(5) The officer may issue the notice:(a) by causing a copy of the notice to be served on the occupier of the vehicle, combination or premises concerned, or(b) if that person cannot be located after all reasonable steps have been taken to do so, by affixing a copy of the notice to the record, device or other thing in a prominent position.(6) A person is guilty of an offence if:(a) the person knows that an embargo notice relates to a record, device or other thing, and(b) the person:(i) does anything that is forbidden by the notice under this section, or(ii) instructs any other person to do anything that is forbidden by the notice under this section or to do anything that the person is forbidden to do by the notice.(7) It is a defence to a prosecution for an offence against subsection (6) to establish that the defendant:(a) moved the record, device or other thing, or part of it, for the purpose of protecting or preserving it, or(b) notified the officer who issued the notice of the move, and of the new location of the record, device or other thing or part of it, within 48 hours after the move.(8) A person is guilty of an offence if:(a) an embargo notice has been served on the person, and(b) the person fails to take reasonable steps to prevent any other person from doing anything forbidden by the notice.(9) Despite anything in any other Act, a sale, lease or transfer or other dealing with a record, device or other thing, or part of it, in contravention of this section is void.Maximum penalty (subsections (6) and (8)): 80 penalty units (in the case of an individual) or 400 penalty units (in the case of a corporation).
163 Power to use force against persons to be exercised only by police officers
(cf model provisions, s 56)
A provision of this Part that authorises a person to use reasonable force does not authorise a person who is not a police officer to use force against a person.
(cf model provisions, s 57)
(1) Before obtaining the consent of a person for the purposes of a provision of this Part, the authorised officer must inform the person that he or she may refuse to give consent.(2) An entry by or the exercise of any other power under this Part by an authorised officer by virtue of the consent of a person is not lawful unless the person voluntarily consented to the entry.(3) Consent may be withdrawn after it has been given, and the power concerned must no longer be exercised by virtue of the consent.
165 Directions may be given under more than one provision
(cf model provisions, s 58)
(1) An authorised officer may, on the same occasion, give directions under one or more provisions of this Part.(2) Without limiting the above, an authorised officer may, in the course of exercising powers under a provision of this Part, give:(a) further directions under the provision, or(b) directions under one or more other provisions of this Part,or both.
166 Restoring vehicle, combination or premises to original condition after action taken
(cf model provisions, s 59)
If:(a) an authorised officer or a person authorised by the officer takes any action in the exercise or purported exercise of any power under this Part in relation to a vehicle or combination or its equipment or load or in relation to any premises, and(b) damage was caused by the unreasonable exercise of the power or by the use of force that was not authorised under this Part,the officer must take reasonable steps to return the vehicle, combination, equipment, load or premises to the condition it was in immediately before the action was taken.
167 Protection from incrimination
(1) Self-incrimination not an excuse
A person is not excused from a requirement to comply with a direction under this Part on the ground that complying with the requirement might incriminate the person or make the person liable to a penalty.(2) Statement, information or answer not admissible if objection made
However, any statement made or any information or answer given or furnished by a natural person in compliance with a direction under this Part is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under this Part) if:(a) the person objected at the time to doing so on the ground that it might incriminate the person, or(b) the person was not warned on that occasion that the person may object to making the statement or giving or furnishing the information or answer on the ground that it might incriminate the person.(3) Documents admissible
Any document produced by a person in compliance with a direction under this Part is not inadmissible in evidence against the person in criminal proceedings on the ground that the document might incriminate the person.(4) Further information
Further information obtained as a result of a document produced, a statement made or information or answer given or furnished in compliance with a direction under this Part is not inadmissible on the ground:(a) that the document, statement, information or answer had to be produced, made, given or furnished, or(b) that the document, statement, information or answer might incriminate the person.
168 Providing evidence to other authorities
(cf model provisions, s 61)
(1) Any records, devices or other things seized under this Part, or any information obtained under this Part, may, for the purposes of law enforcement, be given to any public authority of any jurisdiction (including any corresponding Authority) considered appropriate by the Authority or the Commissioner of Police, but only after consultation with the public authority concerned.(2) This section has effect subject to the Privacy and Personal Information Protection Act 1998.
169 Obstructing or hindering authorised officers
(cf model provisions, s 62)
(1) A person is guilty of an offence if:(a) an authorised officer is exercising a power under this Act, and(b) the person obstructs or hinders the officer in the exercise of the power.Maximum penalty: 80 penalty units (in the case of an individual) or 400 penalty units (in the case of a corporation).
(2) However, an offence is not committed under this section in relation to a power under Division 4 (Powers of inspection and search) unless it is established that the power:(a) was being exercised lawfully, and(b) without limiting paragraph (a), was:(i) exercisable without consent, or(ii) being exercised under the authority of a warrant.(3) The onus of proof of a matter set out in subsection (2) lies on the prosecution in proceedings for an offence under this section.
170 Impersonating authorised officers
(cf model provisions, s 63)
A person is guilty of an offence if the person impersonates an authorised officer.Maximum penalty: 100 penalty units (in the case of an individual) or 500 penalty units (in the case of a corporation).
171 Authorised officer may require production of driver licence and name and address from driver or rider
(cf former Act, s 19)
(1) An authorised officer may, in the execution of his or her functions under the road transport legislation, require the driver or rider of a vehicle or horse to do any or all of the following:(a) produce his or her driver licence (in the case of the driver of a motor vehicle),(b) state his or her name,(c) state his or her home address.(2) A person must not:(a) refuse to comply with a requirement of an authorised officer under subsection (1), or(b) state a false name or home address.Maximum penalty: 20 penalty units.
(3) In subsection (1), a reference to a driver of a vehicle (in the case of a motor vehicle) includes, where the driver is the holder of a learner licence and the motor vehicle is not a motor cycle, a reference to a holder of a driver licence occupying the seat in or on the motor vehicle next to the driver.
172 Authorised officer may require production of driver licence and name and address from certain passengers
(cf former Act, s 20)
(1) A person occupying the seat in or on a motor vehicle (other than a motor cycle) next to a driver who holds a learner licence must, when required to do so by an authorised officer, produce the person’s driver licence and state the person’s name and home address.Maximum penalty: 20 penalty units.
(2) A person accompanying another person who is attending a motor registry for the purpose of undergoing any test or examination required by the road transport legislation must, on request, produce his or her driver licence and state his or her name and home address if:(a) the request is made by an authorised officer, and(b) the person making the request believes on reasonable grounds that the person accompanying the person who is to undergo the test or examination has been giving driving instruction to that person.Maximum penalty: 20 penalty units.
(3) In this section:motor registry means a place at which registration of a vehicle can be effected by or on behalf of the Authority.
173 Authorised officer may require responsible person for vehicle and others to disclose identity of driver who commits offence
(cf former Act, s 21)
(1) If the driver of a motor vehicle is alleged to have committed an offence under the road transport legislation:(a) the responsible person for the vehicle, or the person having the custody of the vehicle, must, when required to do so by an authorised officer, immediately give information (which must, if so required, be given in the form of a written statement signed by the responsible person) as to the name and home address of the driver, and(b) any other person must, if required to do so by an authorised officer, give any information that it is in the person’s power to give and that may lead to the identification of the driver.Maximum penalty: 20 penalty units.
(2) It is a defence to a prosecution for an offence under subsection (1) (a) if the defendant proves to the satisfaction of the court that he or she did not know and could not with reasonable diligence have ascertained the driver’s name and home address.(3) A written statement purporting to be given under subsection (1) (a) and to contain particulars of the name and home address of the driver of a motor vehicle at the time of commission of an alleged offence under the road transport legislation that is produced in any court in proceedings against the person named in the statement as the driver for such an offence is evidence without proof of signature that the person was the driver of the vehicle at the time of the alleged offence if the person does not appear before the court.(4) In this section, responsible person has the same meaning as it has in Chapter 3.
174 Production of driver licence to court
(cf former Act, s 22)
(1) A person who is the holder of a driver licence and who is charged with a breach of the road transport legislation must produce his or her driver licence to the court at the hearing of the charge.(2) A person must not, without reasonable excuse, fail to comply with subsection (1).Maximum penalty: 20 penalty units.
175 Unauthorised demand for production of driver licence
(cf former Act, s 23)
(1) A person must not (knowing that he or she is not by law authorised to require its production) demand production by another person of that other person’s driver licence.Maximum penalty: 20 penalty units.
(2) For the purposes of this section, the making of a statement that could reasonably be understood, by the person to whom the statement is made, as indicating that that person is being required to produce his or her driver licence is taken to be a demand for its production.(3) Nothing in this section prohibits a request for production of a driver licence as a means of evidencing the identity or age of a person:(a) in connection with the supply of any goods or services, or(b) in connection with the conferring of any right, title or benefit, or(c) in other circumstances,where it is reasonable for the person making the request to require evidence of the other person’s identity or age.