Part 4.1(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.