sec.569Power to require production of documents etc. generally

sec.569 Power to require production of documents etc. generally

An authorised officer may require a responsible person for a heavy vehicle to make available for inspection by an authorised officer, or to produce to an authorised officer for inspection, at a reasonable time and place nominated by the officer— a document issued to the person under this Law; or a document, device or other thing required to be kept by the person under this Law or a heavy vehicle accreditation; or transport documentation or journey documentation in the person’s possession or under the person’s control; or a document in the person’s possession or under the person’s control relating to— the use, performance or condition of a heavy vehicle; or the ownership, insurance, licensing or registration of a heavy vehicle; or the load or equipment carried or intended to be carried by a heavy vehicle, including, for example, a document relating to insurance of the load or equipment; or a document in the person’s possession or under the person’s control relating to any business practices; or a document in the person’s possession or under the person’s control showing that a heavy vehicle’s garage address recorded on a vehicle register, however named, kept under another Australian road law is or is not the vehicle’s actual garage address. 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 (1) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—$6000. If, under subsection (1) , an authorised officer requires a responsible person to make available or produce an electronic document— the authorised officer may require the responsible person to make available or produce— a printed copy of the electronic document; or an electronic copy of the document; and compliance with the requirement made under subsection (1) requires the making available or production of the document in the way required under paragraph (a) . See the definitions document and printed in section 12 of Schedule 1 . Section 17 of Schedule 1 and section 490 also deal with the production of documents and other information kept electronically. It is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (1) 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. Section 588 deals with the admissibility of information provided in complying with a requirement under this section. The authorised officer may— take a copy of, or an extract from, a document mentioned in subsection (1) ; or produce an image or writing from a document mentioned in subsection (1) that is an electronic document; or take an extract from a device or other thing mentioned in subsection (1) (b) , 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 (1) 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 document or an entry in a document, the officer may require the person responsible for keeping the document to certify the copy as a true copy of the 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 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 569 amd 2018 No. 10 s 30 ; 2016 No. 65 s 89 ; 2018 No. 18 s 22 (sec.569-ssec.1) An authorised officer may require a responsible person for a heavy vehicle to make available for inspection by an authorised officer, or to produce to an authorised officer for inspection, at a reasonable time and place nominated by the officer— a document issued to the person under this Law; or a document, device or other thing required to be kept by the person under this Law or a heavy vehicle accreditation; or transport documentation or journey documentation in the person’s possession or under the person’s control; or a document in the person’s possession or under the person’s control relating to— the use, performance or condition of a heavy vehicle; or the ownership, insurance, licensing or registration of a heavy vehicle; or the load or equipment carried or intended to be carried by a heavy vehicle, including, for example, a document relating to insurance of the load or equipment; or a document in the person’s possession or under the person’s control relating to any business practices; or a document in the person’s possession or under the person’s control showing that a heavy vehicle’s garage address recorded on a vehicle register, however named, kept under another Australian road law is or is not the vehicle’s actual garage address. Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically. (sec.569-ssec.2) 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. (sec.569-ssec.3) If, under subsection (1) , an authorised officer requires a responsible person to make available or produce an electronic document— the authorised officer may require the responsible person to make available or produce— a printed copy of the electronic document; or an electronic copy of the document; and compliance with the requirement made under subsection (1) requires the making available or production of the document in the way required under paragraph (a) . See the definitions document and printed in section 12 of Schedule 1 . Section 17 of Schedule 1 and section 490 also deal with the production of documents and other information kept electronically. (sec.569-ssec.4) It is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (1) 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. Section 588 deals with the admissibility of information provided in complying with a requirement under this section. (sec.569-ssec.5) The authorised officer may— take a copy of, or an extract from, a document mentioned in subsection (1) ; or produce an image or writing from a document mentioned in subsection (1) that is an electronic document; or take an extract from a device or other thing mentioned in subsection (1) (b) , 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 (1) if the authorised officer reasonably believes the document, device or other thing may provide evidence of an offence against this Law. (sec.569-ssec.6) If, under subsection (5) , the authorised officer copies, takes an extract from, or produces an image or writing from, a document or an entry in a document, the officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry. (sec.569-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.569-ssec.8) If a 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.569-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.