568Power to require production of document etc. required to be in driver’s possession

568 Power to require production of document etc. required to be in driver’s possession

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 vehicle.

Examples—

• a copy of a Commonwealth Gazette notice or permit

• a work diary

Note—

Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.

(3) A person of whom a requirement is made under subsection (2) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—

(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.

Note—

Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer.