570Power to require information about heavy vehicles

570 Power to require information about heavy vehicles

570 Power to require information about heavy vehicles

(1) An authorised officer may, for compliance purposes, require a responsible person for a heavy vehicle to give the officer—

(a) information about the vehicle or any load or equipment carried or intended to be carried by the vehicle; or

(b) personal details known to the responsible person about any other responsible person for the vehicle; or

(c) personal details known to the responsible person about anyone else the responsible person reasonably believes holds information about the heavy vehicle.

Note—

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

(2) Without limiting subsection (1), a responsible person who is associated with a particular vehicle may be required to provide information about a past, current or intended journey of the vehicle, including, for example, the following—

(a) the location of the start or intended start of the journey;

(b) the route or intended route of the journey;

(c) the location of the destination or intended destination of the journey.

(2A) An authorised officer requiring personal details under subsection (1)(c) must give the responsible person a notice stating—

(a) that the requirement is made under this section; and

(b) that failing to comply with the requirement is an offence; and

(c) the time, that is reasonable in the circumstances, in which the person must give the personal details; and

(d) the effect of subsection (5A) and section 735A.

(3) A person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—$6000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(4) Without limiting what may be a reasonable excuse for the purposes of subsection (3), in a proceeding for an offence of contravening a requirement under subsection (1), it is a defence for the person charged to prove that the person did not know, and could not be reasonably expected to know or ascertain, the required information.