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

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

This section applies if a heavy vehicle— is stationary on a road; or is in or at a place entered by an authorised officer under Part 9.2 ; or has been stopped under section 513 . An authorised officer may, for compliance purposes, require the driver of the heavy vehicle to produce for inspection by the officer— 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 a document, device or other thing the driver is required under this Law to keep in the driver’s possession while driving the vehicle. a copy of a Commonwealth Gazette notice or permit a work diary Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically. 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— for a requirement under paragraph (2)(a)—$6000; or 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. It is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (2) — that the person does not have the licence, document, device or other thing in his or her immediate possession; or that complying with the requirement might tend to incriminate the person or make the person liable to a penalty. Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer. The authorised officer may— take a copy of, or an extract from, a licence or document mentioned in subsection (2) ; or produce an image or writing from a document mentioned in subsection (2) that is an electronic document; or take an extract from a device or other thing mentioned in subsection (2) , including, for example— by taking a copy of, or an extract from, a readout or other data obtained from the device or other thing; or by accessing and downloading information from the device or other thing; or 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 this Law. 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. A person of whom a requirement is made under subsection (6) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—$3000. 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— as soon as practicable after the officer inspects it; or 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. However, if a requirement is made of the person under subsection (6) for a document, the authorised officer may keep the document until the person complies with the requirement. s 568 amd 2018 No. 18 s 21 (sec.568-ssec.1) This section applies if a heavy vehicle— is stationary on a road; or is in or at a place entered by an authorised officer under Part 9.2 ; or has been stopped under section 513 . (sec.568-ssec.2) An authorised officer may, for compliance purposes, require the driver of the heavy vehicle to produce for inspection by the officer— 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 a document, device or other thing the driver is required under this Law to keep in the driver’s possession while driving the vehicle. a copy of a Commonwealth Gazette notice or permit a work diary Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically. (sec.568-ssec.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— for a requirement under paragraph (2)(a)—$6000; or 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. (sec.568-ssec.4) It is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (2) — that the person does not have the licence, document, device or other thing in his or her immediate possession; or that complying with the requirement might tend to incriminate the person or make the person liable to a penalty. Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer. (sec.568-ssec.5) The authorised officer may— take a copy of, or an extract from, a licence or document mentioned in subsection (2) ; or produce an image or writing from a document mentioned in subsection (2) that is an electronic document; or take an extract from a device or other thing mentioned in subsection (2) , including, for example— by taking a copy of, or an extract from, a readout or other data obtained from the device or other thing; or by accessing and downloading information from the device or other thing; or 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 this Law. (sec.568-ssec.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. (sec.568-ssec.7) A person of whom a requirement is made under subsection (6) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—$3000. (sec.568-ssec.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— as soon as practicable after the officer inspects it; or 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. (sec.568-ssec.9) However, if a requirement is made of the person under subsection (6) for a document, the authorised officer may keep the document until the person complies with the requirement.