Heavy Vehicle National Law (NSW)
570ARequiring information
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570A Requiring information
570A Requiring information
(1) This section applies if an authorised officer reasonably believes that a person is capable of giving information, providing documents or giving evidence—
(a) in relation to a possible contravention of—
(i) a safety duty; or
(ii) a duty of an executive under section 26D; or
(b) that will assist the authorised officer to monitor or enforce compliance with—
(i) a safety duty; or
(ii) a duty of an executive under section 26D.
Note—
Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.
(2) The authorised officer may, by notice, require the person to give the information, documents or evidence to the authorised officer.
(3) If the authorised officer, despite reasonable diligence, has not been able to obtain the information, documents or evidence under subsection (2), the authorised officer may, by notice given to the person, require the person to do either or both of the following—
(a) give information or produce documents to the authorised officer within the time and in the way stated in the notice;
(b) appear before a person appointed by the authorised officer on a day, and at a time and place, stated in the notice and give oral evidence.
(4) The notice must state—
(a) that—
(i) the requirement is made under this section; and
(ii) failing to comply with the requirement is an offence; and
(b) if the notice requires the person to give information or produce documents to the authorised officer—the time and way, that is reasonable in the circumstances, in which the person must give the information or documents; and
(c) if the notice requires the person to give oral evidence—
(i) the day, time and place, that is reasonable in the circumstances, for the person to appear before the person appointed by the authorised officer; and