HEAVY VEHICLE NATIONAL LAW (ACT)
568Power to require production of document etc. required to
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568 Power to require production of document etc. required to be in driver’s possession (1) This section applies if a heavy vehicle— (a) is stationary on a road; or (b) is in or at a place entered by an authorised officer under Part 9.2; or (c) has been stopped under section 513. (2) An authorised officer may, for compliance purposes, require the driver of the heavy vehicle to produce for inspection by the officer— (a) if the driver is required by another law of this jurisdiction to keep their driver licence in their possession while driving the vehicle—the driver’s driver licence; or
(b) a document, device or other thing the driver is required under this Law to keep in the driver’s possession while driving the • a copy of a Commonwealth Gazette notice or permit • a work diary (3) A person of whom a requirement is made under subsection (2) must (a) for a requirement under paragraph (2)(a)—$6000; or (b) for a requirement under paragraph (2)(b)—an amount equal to the amount of the maximum penalty for an offence of failing to keep the document, device or other thing in the driver’s possession. (4) It is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (2)— (a) that the person does not have the licence, document, device or other thing in his or her immediate possession; or (b) that complying with the requirement might tend to incriminate the person or make the person liable to a penalty. (5) The authorised officer may— (a) take a copy of, or an extract from, a licence or document mentioned in subsection (2); or
(b) produce an image or writing from a document mentioned in subsection (2) that is an electronic document; or (c) take an extract from a device or other thing mentioned in subsection (2), including, for example— (ii) by accessing and downloading information from the device or other thing; or (d) seize a document, device or other thing mentioned in subsection (2) if the authorised officer reasonably believes the document, device or other thing may provide evidence of an offence against (6) If, under subsection (5), the authorised officer copies, takes an extract from, or produces an image or writing from, a licence or document or an entry in a document, the officer may require the person responsible for keeping the licence or document to certify the copy as a true copy of the licence, document or entry. (7) A person of whom a requirement is made under subsection (6) must (8) If a licence, document, device or other thing is produced to an authorised officer under this section and it is not seized under subsection (5)(d), the officer must return it to the person who produced it— (a) as soon as practicable after the officer inspects it; or (b) if the officer takes a copy of, extract from, or produces an image or writing from, it under subsection (5)(a), (b) or (c), as soon as practicable after the copy or extract is taken or the image or writing is produced.