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.