Div 1AEntry of relevant places for advice purposes

Division 1A—Entry of relevant places for advice purposes 494A—Non‑application to police officers 494B—Power to enter relevant place An authorised officer may, for advice purposes, enter a relevant place if— (a) an occupier of the place consents under Division 4 to the entry and section 503 has been complied with for the occupier; or (b) the place is not a residence and is— (iii) required to be open for inspection under this Law. 494C—Power after entering relevant place If an authorised officer enters a relevant place under this Division, the officer may, for advice purposes, provide advice, information and education. Division 2—Entry of relevant places for monitoring purposes 495—Power to enter relevant place (1) An authorised officer may, for monitoring purposes, enter a relevant place if— (a) an occupier of the place consents under Division 4 to the entry and section 503 has been complied with for the occupier; or (b) the place is not a residence and is— (iii) required to be open for inspection under this Law. (2) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn. (3) Subsection (1)(b) does not authorise an authorised officer, without the occupier's consent or a warrant, to enter a relevant place that is unattended, unless the officer reasonably believes the place is attended. (4) If an authorised officer enters a place reasonably believing the place is attended, the officer must leave the place immediately after finding the place is or appears to be unattended. (5) An authorised officer may open unlocked doors and other unlocked panels and things at a place for gaining entry to the place under subsection (1). (6) This section does not authorise an authorised officer to use force for exercising a power under this section. 496—General powers after entering relevant place (1) If an authorised officer enters a relevant place under this Division, the officer may, for monitoring purposes, do any of the following (each a general power): (a) inspect any part of the place or a vehicle at the place; (b) inspect a relevant document at the place; (c) copy, or take an extract from, a relevant document at the place; (d) produce an image or writing at the place from an electronic relevant document at the place or, if it is not practicable to produce the image or writing at the place, take a thing containing the electronic relevant document to another place to produce the image or writing; (e) look for, and inspect, a relevant device at the place; (f) take an extract from a relevant device at the place, including, for example— (i) by taking a copy of, or an extract from, a readout or other data obtained from the device; or (ii) by accessing and downloading information from the device; (g) exercise a power in relation to a heavy vehicle at the place that the authorised officer may exercise under section 520; (h) take to, into or onto the place and use any persons, equipment, materials, vehicles or other things the officer reasonably requires for exercising the officer's powers under this section. (2) The authorised officer may take a necessary step to allow the exercise of a general power, including, for example— (a) open an unlocked door or an unlocked panel or thing at the place; and (b) move but not take away anything that is not locked up or sealed. (3) For exercising a power under subsection (1)(c) or (f), the authorised officer may use photocopying equipment at the place free of charge. See also sections 543 and 544 for use of particular equipment at a place, or in a vehicle, entered under this Chapter. (4) If the authorised officer takes from the place a thing containing an electronic relevant document to produce an image or writing from the document, the image or writing must be produced, and the thing must be returned to the place, as soon as practicable. (5) However, if the authorised officer entered the place under section 495(1)(a), the officer's powers under this section are subject to the conditions of the consent. (6) This section does not authorise an authorised officer to use force for exercising a power under this section. (6A) If the authorised officer is not a police officer, the officer may, for advice purposes, provide advice, information and education. electronic relevant document means a relevant document that is an electronic document; relevant device means a device relating to a heavy vehicle and required to be installed, used or maintained under this Law or a heavy vehicle accreditation; Example of a device that may be a relevant device— a weighing, measuring, recording or monitoring device relevant document means a document relating to a heavy vehicle and required to be kept under this Law or a heavy vehicle accreditation. Division 3—Entry of places for investigation purposes 497—General power to enter places (1) An authorised officer may, for investigation purposes, enter a place if— (a) an occupier of the place consents under Division 4 to the entry and section 503 has been complied with for the occupier; or (b) it is a public place and the entry is made when it is open to the public; or (c) the entry is authorised under a warrant and, if there is an occupier at the place, section 510 has been complied with for the occupier; or (d) it is a relevant place other than a residence and is— (iii) required to be open for inspection under this Law; or (e) the entry is authorised under section 498 or 499. (2) The authorised officer may exercise powers under this section at the place even if entry to the place was originally effected under Division 2 for monitoring purposes. (3) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn. (4) If the power to enter is under a warrant— (a) the authorised officer may use force that is reasonably necessary for gaining entry to the place; and (b) the power to enter is subject to the terms of the warrant. (5) Subsection (1)(d) does not authorise an authorised officer, without the occupier's consent or a warrant, to enter— (6) If an authorised officer enters a place reasonably believing the place is attended, the officer must leave the place immediately after finding the place is or appears to be unattended. (7) An authorised officer may open unlocked doors and other unlocked panels and things at a place for gaining entry to the place under subsection (1). (8) This section does not authorise an authorised officer to use force for exercising a power under this section unless the power is exercised under a warrant. 498—Power to enter a place if evidence suspected to be at the place (1) This section applies if an authorised officer reasonably believes that— (a) either— (i) a heavy vehicle is or has been at a place; or (ii) transport documentation or journey documentation is at a place; and (b) there may be at the place evidence of an offence against this Law that may be concealed or destroyed unless the place is immediately entered and searched. (2) The authorised officer may enter the place if it is— (a) open for carrying on a business; or (b) otherwise open for entry; or (c) required to be open for inspection under this Law. (3) Subsection (2) does not authorise an authorised officer to enter— (4) If an authorised officer enters a place reasonably believing the place is attended, the officer must leave the place immediately after finding the place is or appears to be unattended. (5) An authorised officer may open unlocked doors and other unlocked panels and things at a place for gaining entry to the place under subsection (2). (6) An authorised officer may use force that is reasonably necessary for gaining entry to a place mentioned in subsection (2)(c). (7) This section does not authorise an authorised officer to use force for exercising a power under this section other than as provided by subsection (6). 499—Power to enter particular places if incident involving death, injury or damage (1) An authorised officer, without an occupier's consent or a warrant, may enter a place at any time if the officer reasonably believes— (a) an incident involving the death of, or injury to, a person or damage to property involves or may have involved a heavy vehicle; and (b) the incident may have involved an offence against this Law; and (c) there is a connection between the place and the heavy vehicle; and (d) there may be at the place evidence of the offence mentioned in paragraph (b) that may be concealed or destroyed unless the place is immediately entered and searched. (2) For the purposes of subsection (1), there is a connection between a place and a heavy vehicle if— (a) the place is the vehicle's garage address or, if the vehicle is a combination, the garage address of a heavy vehicle in the combination; or (b) the vehicle is, or within the past 72 hours has been, located at the place; or (c) the place is, or may be, otherwise directly or indirectly connected with the vehicle or any part of its equipment or load. (3) This section does not authorise an authorised officer to enter a place in relation to an incident that involves the death, or injury to, a person unless the authorised officer is a police officer. (4) This section does not authorise an authorised officer, without the occupier's consent or a warrant, to enter— (5) If an authorised officer enters a place without the occupier's consent or a warrant, reasonably believing the place is attended, the officer must leave the place immediately after finding the place is or appears to be unattended. (6) An authorised officer may open unlocked doors and other unlocked panels and things at a place for gaining entry to the place under subsection (1). (7) This section does not authorise an authorised officer to use force for exercising a power under this section. 500—General powers after entering a place (1) If an authorised officer enters a place under section 497(1), the officer may, for investigation purposes, do any of the following (each a general power): (a) search any part of the place or a vehicle at the place, including— (i) searching any part of the place or a vehicle at the place for evidence of an offence against this Law; and (ii) searching any part of the place or a vehicle at the place for a document, device or other thing relating to a heavy vehicle or any part of its equipment or load; (b) inspect, examine or film any part of the place or anything at the place; (c) take a thing, or a sample of or from a thing, at the place for examination; (d) place an identifying mark in or on anything at the place; (e) take an extract from a document, device or other thing at the place, including, for example— (i) by taking a copy of, or an extract from, a readout or other data obtained from a device or other thing at the place; or (ii) by accessing and downloading information from a device or other thing at the place; Example of device or other thing— (f) copy a document at the place, or take a document at the place to another place to copy it; Examples of documents for the purposes of paragraphs (e) and (f)— • a document required to be kept at the place under this Law or a heavy vehicle accreditation • transport documentation • journey documentation • a document the authorised officer reasonably believes provides, or may provide on further inspection, evidence of an offence against this Law (g) produce an image or writing at the place from an electronic document at the place or, if it is not practicable to produce the image or writing at the place, take a thing containing the electronic document to another place to produce the image or writing; (h) exercise a power in relation to a heavy vehicle at the place that the authorised officer may exercise under Chapter 9 Part 3; (i) take to, into or onto the place and use any persons, equipment, materials, vehicles or other things the officer reasonably requires for exercising the officer's powers under this section. The term public place is defined in section 5 as a place or part of a place— (a) that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or (b) the occupier of which allows members of the public to enter, whether or not on payment of money. Accordingly, the term "public place" does not include an office area or an area behind a reception counter, unless the public have access to the area as provided in the definition. (2) The authorised officer may take a necessary step to allow the exercise of a general power, including, for example— (a) open an unlocked door or an unlocked panel or thing at the place; and (b) move anything that is not locked up or sealed; and (c) if the authorised officer entered the place under section 497(1)(c), use the force that is reasonably necessary for the exercise of the power. (3) If an authorised officer takes, or authorises another person to take, a thing or sample for examination under subsection (1)(c), the officer must— (a) give a receipt for the thing or sample to— (i) the person in possession of the thing or sample or the thing from which the sample was taken; or (ii) the person in charge of the place from which the thing or sample was taken; and (b) at the end of 6 months after the thing or sample was taken, return it to the person who appears to be an owner of it, a person to whom a receipt was given under paragraph (a) for it, or a person in charge of the place from which it was taken, unless the thing or sample— (i) has been seized under section 549; or (ii) does not have any intrinsic value. See section 561 for what happens if a thing or sample cannot be returned to its owner or the owner cannot be found. (4) However, if for any reason it is not practicable to comply with subsection (3)(a), the authorised officer must leave the receipt at the place in a conspicuous position and in a reasonably secure way. (5) For exercising a power under subsection (1)(f), the authorised officer may use photocopying equipment at the place free of charge. See also sections 543 and 544 for use of particular equipment at a place, or in a vehicle, entered under this Chapter. (6) If the authorised officer takes a document from the place to copy it, the document must be copied and returned to the place as soon as practicable. (7) If the authorised officer takes from the place a thing containing an electronic document to produce an image or writing from the document, the image or writing must be produced, and the thing must be returned to the place, as soon as practicable. (8) However— (a) if the authorised officer entered the place under section 497(1)(a), the officer's powers under this section are subject to the conditions of the consent; and (b) if the authorised officer entered the place under section 497(1)(c), the officer's powers under this section are subject to the terms of the warrant. (9) Without limiting section 497(2), the authorised officer may exercise powers under this section at the place even if entry to the place was originally effected under Division 2 for monitoring purposes. (10) The power to search under this section does not include a power to search a person. (11) If the authorised officer is not a police officer, the officer may, for advice purposes, provide advice, information and education. Division 4—Procedure for entry by consent 501—Application of Division 4 This Division applies if an authorised officer intends to ask an occupier of a place for consent to the officer or another authorised officer entering the place under section 494B(a), 495(1)(a) or 497(1)(a). 502—Incidental entry to ask for access (1) For the purpose of asking the occupier for the consent, the authorised officer may, without the occupier's consent or a warrant— (a) enter land around a building or other structure at the place to an extent that is reasonable to contact the occupier; or (b) enter part of the place the officer reasonably believes members of the public ordinarily are allowed to enter when they wish to contact the occupier. (2) The authorised officer must not enter land or a part of a place under subsection (1) if the officer knows or ought reasonably to know the place is unattended. (3) If the authorised officer enters land or a part of a place under subsection (1), the officer must leave it immediately after finding the place is or appears to be unattended. 503—Matters authorised officer must tell occupier Before asking for the consent, the authorised officer must give a reasonable explanation to the occupier about the following: (a) the purpose of the entry; (b) that the occupier is not required to consent; (c) that the consent may be given subject to conditions and may be withdrawn at any time; (d) any other powers intended to be exercised to achieve the purpose of the entry. 504—Consent acknowledgement (1) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent. (2) The acknowledgement must state— (a) the purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry; and (b) that the following has been explained to the occupier: (i) the purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry; (ii) that the occupier is not required to consent; and (c) that the occupier gives the authorised officer consent to enter the place and exercise the powers; and (d) the time and day the consent was given; and (e) any conditions of the consent. (3) If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier. (4) However, if it is impractical for the authorised officer to give the occupier a copy of the acknowledgement immediately, the officer must give the copy as soon as practicable. (5) If the acknowledgment states some but not all the powers exercised or intended to be exercised to achieve the purpose of the entry— (a) the acknowledgment is not necessarily invalid merely because of the omission; but (b) if an issue arises in a proceeding about the validity of the acknowledgment—the court has a discretion to decide if the acknowledgment is invalid on the ground that the exercise of the power was of such significance in the particular circumstances as to have warranted its inclusion in the acknowledgment. (6) If— (a) an issue arises in a proceeding about whether the occupier consented to the entry; and (b) an acknowledgement complying with subsection (2) for the entry is not produced in evidence, the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented. 505—Procedure for entry with consent (1) This section applies if an authorised officer is intending to ask the occupier for consent to enter a place under this Division (otherwise than under section 502). (2) Before asking for consent, the authorised officer must identify himself or herself to a person who is an occupier of the place and is present by producing— (a) for an authorised officer who is a police officer—an identity card or other document evidencing the officer's appointment as a police officer; or (b) for an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer's appointment as an authorised officer. (3) Subsection (2)(a) does not apply to a police officer in uniform. Division 5—Entry under warrant 506—Application for warrant (1) An authorised officer may apply to an authorised warrant official for a warrant for a place. (2) The authorised officer must prepare a written application stating the grounds on which the warrant is sought. (3) The written application must be sworn. (4) The authorised warrant official may refuse to consider the application until the authorised officer gives the official all the information the official requires about the application in the way the official requires. The authorised warrant official may require additional information supporting the written application to be given by statutory declaration. 507—Issue of warrant (1) The authorised warrant official may issue the warrant for the place only if the official is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 72 hours, a particular thing or activity that may provide evidence of an offence against this Law. (2) The warrant must state the following: (a) the place to which the warrant applies; (b) that a stated authorised officer or any authorised officer may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the authorised officer's powers; (c) particulars of the offence that the authorised warrant official considers appropriate in the circumstances; (d) the name of the person suspected of having committed the offence unless the name is unknown or the authorised warrant official considers it inappropriate to state the name; (e) the evidence that may be seized under the warrant; (f) the hours of the day or night when the place may be entered; (g) the authorised warrant official's name; (h) the date and time of the warrant's issue; (i) the day, within 14 days after the warrant's issue, the warrant ends. 508—Application by electronic communication and duplicate warrant (1) An application under section 506 may be made by radio, telephone, fax, email, video conferencing or another form of electronic communication if the authorised officer reasonably believes it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the officer's remote location. (2) The application— (a) may not be made before the authorised officer prepares the written application under section 506(2); but (b) may be made before the written application is sworn. (3) The authorised warrant official may issue the warrant (the original warrant) only if the official is satisfied— (a) it was necessary to make the application under subsection (1); and (b) the way the application was made under subsection (1) was appropriate. (4) After the authorised warrant official issues the original warrant— (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the official must immediately give a copy of the warrant to the officer; or (b) otherwise— (i) the official must tell the authorised officer the information mentioned in section 507(2); and (ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 507(2) provided by the official. (5) The copy of the warrant mentioned in subsection (4)(a), or the form of warrant completed under subsection (4)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant. (6) The authorised officer must, at the first reasonable opportunity, send to the authorised warrant official— (a) the written application complying with section 506(2) and (3); and (b) if the officer completed a form of warrant under subsection (4)(b)—the completed form of warrant. (7) The authorised warrant official must keep the original warrant and, on receiving the documents under subsection (6)— (a) attach the documents to the original warrant; and (b) file the original warrant and documents in the relevant court. (8) Despite subsection (5), if— (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and (b) the original warrant is not produced in evidence, the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power. (9) This section does not limit section 506. 509—Defect in relation to a warrant (1) A warrant is not invalidated by a defect in— (a) the warrant; or (b) compliance with this Division, unless the defect affects the substance of the warrant in a material particular. warrant includes a duplicate warrant mentioned in section 508(5). 510—Procedure for entry under warrant (1) This section applies if an authorised officer is intending to enter a place under a warrant issued under this Division. (2) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things: (a) identify himself or herself to a person who is an occupier of the place and is present by producing— (i) for an authorised officer who is a police officer—an identity card or other document evidencing the officer's appointment as a police officer; or (ii) for an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer's appointment as an authorised officer; (b) give the person a copy of the warrant; (c) tell the person the officer is permitted by the warrant to enter the place; (d) give the person an opportunity to allow the officer immediate entry to the place without using force. (3) However, the authorised officer need not comply with subsection (2) if the officer reasonably believes that entry to the place is required to ensure the execution of the warrant is not frustrated. (4) Subsection (2)(a)(i) does not apply to a police officer in uniform. warrant includes a duplicate warrant mentioned in section 508(5). Part 3—Powers in relation to heavy vehicles 511—Application of Chapter 9 Part 3 Unless otherwise stated in this Part, this Part applies to a heavy vehicle— (a) on a road; or (b) in or at a public place; or (c) in or at a place owned or occupied by a road authority or by another public authority; or (d) in or at a place entered by an authorised officer under Chapter 9 Part 2. 512—Persons who are drivers for this Part In this Part, a reference to the driver of a heavy vehicle includes a reference to a person in, on or in the vicinity of the vehicle whom an authorised officer present at the scene reasonably believes is the vehicle's driver. Division 2—Stopping, not moving or not interfering with heavy vehicle etc 513—Direction to stop heavy vehicle to enable exercise of other powers (1) To enable an authorised officer to exercise a power under this Law, the officer may direct the driver of a heavy vehicle to stop the vehicle. An authorised officer may direct the driver of a heavy vehicle to stop the vehicle so that the authorised officer can enter and inspect it under section 520 or enter and search it under section 521. (2) The direction may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal. (3) The direction may require the heavy vehicle to be— (a) stopped immediately; or (b) stopped at a place indicated by the authorised officer as the nearest place for it to be safely stopped. (4) A person given a direction under subsection (1) must comply with the direction, unless the person has a reasonable excuse. (5) When the heavy vehicle stops, the authorised officer must as soon as practicable produce for the inspection of the vehicle's driver— (a) for an authorised officer who is a police officer—an identity card or other document evidencing the officer's appointment as a police officer; or (b) for an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer's appointment as an authorised officer. (6) Subsection (5)(a) does not apply to a police officer in uniform. stop a heavy vehicle means to stop the vehicle and keep it stationary. 514—Direction not to move or interfere with heavy vehicle etc to enable exercise of other powers (1) To enable an authorised officer to exercise a power under this Law, the officer may direct the driver of a heavy vehicle or any other person not to— (a) move the vehicle; or (b) interfere with the vehicle or any equipment in it; or (c) interfere with the vehicle's load. (2) The direction may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal. (3) A person given a direction under subsection (1) must comply with the direction, unless the person has a reasonable excuse. Division 3—Moving heavy vehicle 515—Definition for Division 3 unattended, for a heavy vehicle, means— (a) there is no‑one in or near the vehicle who appears to be its driver; or (b) there is a person in or near the vehicle who appears to be its driver but the person is— (i) unwilling, or not qualified or fit, to drive the vehicle; or (ii) not authorised by the operator of the vehicle to drive it; or (iii) subject to a direction under section 524. 516—Direction to move heavy vehicle to enable exercise of other powers (1) To enable an authorised officer to exercise a power under this Law, the officer may direct the driver or operator of a heavy vehicle that is stationary or has been stopped under section 513 to move the vehicle, or cause it to be moved, to a stated reasonable place within a 30km radius from— (a) where the vehicle was stationary or stopped; or (b) if the direction is given within the course of the vehicle's journey—any point along the forward route of the journey. An authorised officer may direct the driver of a heavy vehicle to move the vehicle onto a weighing or testing device. (2) The direction may be made orally or in any other way, including, for example— (a) for a direction given to the driver of a heavy vehicle—by way of a sign or electronic or other signal; or (b) for a direction given to the operator of a heavy vehicle—by radio, telephone, fax or email. (3) A person given a direction under subsection (1) must comply with the direction, unless the person has a reasonable excuse. (4) Without limiting what may be a reasonable excuse for the purposes of subsection (3), in a proceeding for an offence against the subsection, it is a defence for the person charged to prove that— (a) it was not possible to move the heavy vehicle because it was broken down; and (b) the breakdown happened for a physical reason beyond the person's control; and (c) the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time. 517—Direction to move heavy vehicle if causing harm etc (1) This section applies if an authorised officer reasonably believes a stationary heavy vehicle is— (a) causing, or creating a risk of, serious harm to public safety, the environment or road infrastructure; or (b) obstructing traffic or likely to obstruct traffic. (2) The authorised officer may direct the driver or operator of the heavy vehicle to do either or both of the following: (a) move the vehicle, or cause it to be moved, to the extent necessary to avoid the harm or obstruction; (b) do, or cause to be done, anything else the officer reasonably requires to avoid the harm or obstruction. (3) The direction may be made orally or in any other way, including, for example— (a) for a direction given to the driver of a heavy vehicle—by way of a sign or electronic or other signal; or (b) for a direction given to the operator of a heavy vehicle—by radio, telephone, fax or email. (4) A person given a direction under subsection (2) must comply with the direction, unless the person has a reasonable excuse. (5) Without limiting what may be a reasonable excuse for the purposes of subsection (4), in a proceeding for an offence against the subsection, it is a defence for the person charged to prove that— (a) it was not possible to move the heavy vehicle because it was broken down; and (b) the breakdown happened for a physical reason beyond the person's control; and (c) the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time. 518—Moving unattended heavy vehicle on road to exercise another power (1) This section applies if an authorised officer— (a) reasonably believes a heavy vehicle on a road is unattended; and (b) intends to exercise a power under this Law in relation to the heavy vehicle; and (c) reasonably believes it is necessary to move the heavy vehicle to enable the exercise of the power. (2) To the extent reasonably necessary to enable the exercise of the power, the authorised officer— (a) may move the heavy vehicle; or (b) authorise someone else (the assistant) to move the heavy vehicle. by driving, pushing or towing the heavy vehicle (3) The authorised officer or assistant may enter the heavy vehicle to enable the authorised officer or assistant to move it. (4) Despite subsection (2), the authorised officer— (a) may only drive the heavy vehicle if the officer is qualified and fit to drive it; and (b) may only authorise the assistant to drive the heavy vehicle if the assistant is qualified and fit to drive it. (6) The authorised officer or assistant may— (a) open unlocked doors and other unlocked panels and things in the heavy vehicle; and (b) use the force that is reasonably necessary to— (i) gain access to the heavy vehicle, its engine or other mechanical components to enable it to be moved; or (ii) enable the heavy vehicle to be towed. (7) The authorised officer must exercise reasonable diligence to ensure the driver or operator is notified that the vehicle has been moved and the place to which it has been moved. (8) The notification may be given orally or in any other way, including, for example, by radio, telephone, fax or email. 519—Moving unattended heavy vehicle on road if causing harm etc (a) a heavy vehicle on a road is unattended; and (b) the heavy vehicle is— (i) causing, or creating an imminent risk of, serious harm to public safety, the environment or road infrastructure; or (ii) obstructing traffic or likely to obstruct traffic. (2) The authorised officer may move or authorise someone else (the assistant) to move the heavy vehicle or, if it is a combination, any component vehicle of the combination, to the extent it is reasonably necessary to avoid the harm or obstruction. by driving, pushing or towing the vehicle (3) The authorised officer or assistant may— (a) enter the heavy vehicle to enable the authorised officer or assistant to move it; and (b) for a combination—separate any or all of the component vehicles of the combination for the purpose of moving 1 or more of them. (4) The authorised officer or assistant may drive the heavy vehicle even if the officer or assistant is not qualified to drive it if the authorised officer reasonably believes there is no‑one else in or near the vehicle who is more capable of driving it and fit and willing to drive it. (6) In driving the heavy vehicle under subsection (4), the authorised officer or assistant is exempt from a provision of an Australian road law to the extent the provision would require the authorised officer or assistant to be qualified to drive the vehicle. (7) The authorised officer or assistant may use the force that is reasonably necessary to do anything that is reasonably necessary to avoid the harm or obstruction. Division 4—Inspecting and searching heavy vehicles 520—Power to enter and inspect heavy vehicles for monitoring purposes (1) An authorised officer may enter and inspect a heavy vehicle for monitoring purposes. (2) Without limiting subsection (1), the authorised officer may— (a) inspect, examine or film any part of the heavy vehicle or any part of its equipment or load; and (b) without limiting paragraph (a), look for, check the details of, or film a registration item, label or other thing required to be displayed on the heavy vehicle under an Australian road law; and (c) inspect a relevant document in the heavy vehicle; and (d) copy, or take an extract from, a relevant document in the heavy vehicle; and (e) produce an image or writing in or near the vehicle from an electronic relevant document in the vehicle or, if it is not practicable to produce the image or writing in or near the vehicle, take a thing containing the electronic relevant document somewhere else to produce the image or writing; and (f) take an extract of relevant information from a device or other thing found in the heavy vehicle, including, for example— (ii) by accessing and downloading relevant information from the device or other thing. Example of device or other thing— (3) The authorised officer may take a necessary step to allow the exercise of a power under subsection (1) or (2), including, for example— (a) open an unlocked door or an unlocked panel or thing on the heavy vehicle; and (b) move but not take away anything that is not locked up or sealed. (4) However, this section does not authorise an authorised officer to use force for exercising a power under this section. (5) If the authorised officer takes from the heavy vehicle a thing containing an electronic relevant document to produce an image or writing from the document, the image or writing must be produced, and the thing must be returned to the vehicle, as soon as practicable. electronic relevant document means a relevant document that is an electronic document; relevant document means a document relating to a heavy vehicle and required to be kept under this Law or a heavy vehicle accreditation, including, for example, a document required to be kept in the possession of the driver of a heavy vehicle; relevant information means information relating to a heavy vehicle required to be kept under this Law or a heavy vehicle accreditation. 521—Power to enter and search heavy vehicle involved, or suspected to be involved, in an offence etc (1) An authorised officer may, using necessary and reasonable help and force, enter and search a heavy vehicle for investigation purposes if the officer reasonably believes— (a) the vehicle is being, or has been, used to commit an offence against this Law; or (b) the vehicle, or a thing in the vehicle, may provide evidence of an offence against this Law that is being, or has been, committed; or (c) the vehicle has been or may have been involved in an incident involving the death of, or injury to, a person or damage to property. (2) The authorised officer may form the necessary belief— (a) during or after an inspection of the heavy vehicle under Chapter 9 Part 2 or section 520; or (b) independently of an inspection of the heavy vehicle under Chapter 9 Part 2 or section 520. (3) Without limiting subsection (1), the authorised officer may— (a) search any part of the heavy vehicle or any part of its equipment or load for evidence of an offence against this Law; and (b) inspect, examine or film any part of the heavy vehicle or any part of its equipment or load; and (c) without limiting paragraph (b), look for, check the details of, or film a registration item, label or other thing required to be displayed on the heavy vehicle under an Australian road law; and (d) search for and inspect a document, device or other thing in the heavy vehicle; and (e) take an extract from a document, device or other thing in the heavy vehicle, including, for example— (i) by taking a copy of, or an extract from, a readout or other data obtained from a device or other thing in the vehicle; or (ii) by accessing and downloading information from a device or other thing in the vehicle; and Examples of device or other thing— (f) copy a document in the heavy vehicle, or take a document in the heavy vehicle somewhere else to copy it; and Examples of documents for the purposes of paragraphs (e) and (f)— • a document required to be kept in the vehicle under this Law or a heavy vehicle accreditation • transport documentation • journey documentation • a document the authorised officer reasonably believes provides, or may provide on further inspection, evidence of an offence against this Law (g) produce an image or writing in or near the vehicle from an electronic document in the vehicle or, if it is not practicable to produce the image or writing in or near the vehicle, take a thing containing the electronic document somewhere else to produce the image or writing; and (h) take the persons, equipment or materials the officer reasonably requires into or onto the heavy vehicle. (4) If the authorised officer takes a document from the heavy vehicle to copy it, the document must be copied and returned to the vehicle as soon as practicable. (5) If the authorised officer takes from the heavy vehicle a thing containing an electronic document to produce an image or writing from the document, the image or writing must be produced, and the thing must be returned to the vehicle, as soon as practicable. (6) This section does not authorise an authorised officer to exercise a power under this section in relation to an incident that involves the death of, or injury to, a person unless the authorised officer is a police officer or is acting under the direction of a police officer. (7) The power to search under this section does not include a power to search a person. 522—Power to order presentation of heavy vehicles for inspection (1) An authorised officer may, by notice under subsection (2), require to be produced for inspection at a place and time stated in the notice, a heavy vehicle— (a) that the officer reasonably believes has within the preceding 60 days been used or will be used on a road if the officer reasonably believes that— (i) the driver of the vehicle has not complied with this Law in driving a heavy vehicle of that kind; or (ii) the vehicle does not comply with this Law; or (iii) the vehicle is a defective heavy vehicle as defined in section 525; or (b) without limiting paragraph (a), for the purpose of deciding if a vehicle defect notice for the vehicle can be cleared under section 530. (1a) An authorised officer may, by notice under subsection (2), require to be produced for inspection at a place and time stated in the notice, vehicles in a category of heavy vehicles that the officer reasonably believes have within the preceding 60 days been used or will be used on a road if the officer reasonably believes that— (a) the vehicles in that category do not comply with this Law; or (b) the vehicles in that category are defective heavy vehicles as defined in section 525. (2) A notice must be served on— (a) the person in charge of the heavy vehicle or category of heavy vehicles; or (b) the registered operator or, if the heavy vehicle or category of heavy vehicles is not registered, an owner. (3) If a notice has been served on a person under this section— (a) the person may, not later than 24 hours before the time stated in the notice, request an authorised officer to change the place or time of inspection or both; and (b) subject to paragraph (c), the authorised officer must— (i) consider the request; and (ii) vary the notice by changing the place or time; and (iii) notify the person of the change; and (c) the authorised officer may refuse the request if the officer considers— (i) there may be a safety risk in acceding to the request; or (ii) the request is made for an improper reason; or (iii) it is otherwise not reasonable to vary the notice. (4) An inspection may include any tests an authorised officer decides to be appropriate. (5) A person must not fail to produce a heavy vehicle for inspection— (a) subject to paragraph (b), at the place and time stated in the notice served on the person; or (b) if the notice has been varied under this section, at the place and time stated in the notice as varied. (6) An authorised officer may act under subsection (1a) only if— (a) for an authorised officer who is a police officer—the officer has the relevant police commissioner's written authority to act under subsection (1a); or (b) for an authorised officer who is not a police officer—the officer's instrument of appointment provides that the authorised officer may act under subsection (1a). Division 5—Other powers in relation to all heavy vehicles 523—Starting or stopping heavy vehicle engine (1) To enable an authorised officer to effectively exercise a power under this Law in relation to a heavy vehicle, the officer may enter the vehicle and start or stop its engine (take the prescribed action) or authorise someone else (the assistant) to enter the vehicle and take the prescribed action if— (a) a person fails to comply with a requirement made by an authorised officer under section 577 to take the prescribed action; or (b) no responsible person for the heavy vehicle is available or willing to take the prescribed action; or (c) the authorised officer reasonably believes there is no‑one else in or near the vehicle who is more capable of taking the prescribed action and is fit and willing to do so. (2) The authorised officer or assistant may use the force that is reasonably necessary to enter the heavy vehicle and take the prescribed action. (3) Subsection (2) does not authorise the authorised officer or assistant to use force against a person. (4) It is immaterial that— (b) the authorised officer or assistant is not— (i) authorised by the operator to take the prescribed action; or (ii) qualified to take the prescribed action. (5) This section does not authorise the authorised officer or assistant to drive the heavy vehicle. (6) In taking the prescribed action, the authorised officer or assistant is exempt from a provision of an Australian road law to the extent the provision would require the authorised officer or assistant to be qualified to take the prescribed action. start, in relation to a heavy vehicle's engine, includes run the engine. 524—Direction to leave heavy vehicle (a) the driver of a heavy vehicle fails to comply with a direction given by an authorised officer under this Chapter; or (b) an authorised officer reasonably believes the driver of a heavy vehicle is not qualified, fit or authorised by the operator to drive the vehicle in order to comply with a direction the authorised officer may give under this Chapter; or (c) an authorised officer reasonably believes it would be unsafe to inspect or search a heavy vehicle or any part of it or any part of its equipment or load while the driver occupies the driver's seat or is in the vehicle or another person accompanying the driver is in the vehicle. (2) The authorised officer may direct the driver to do 1 or more of the following: (a) to vacate the driver's seat; (b) to leave the heavy vehicle; (c) not to occupy the driver's seat until permitted by an authorised officer; (d) not to enter the heavy vehicle until permitted by an authorised officer. (3) The authorised officer may direct any other person accompanying the driver of the heavy vehicle to do either or both of the following: (a) to leave the vehicle; (b) not to enter the vehicle until permitted by an authorised officer. (4) A direction under subsection (2) or (3) may be made orally or in any other way, including, for example, by way of a sign or electronic or other signal. (5) A person given a direction under subsection (2) or (3) must comply with the direction unless the person has a reasonable excuse. Division 6—Further powers in relation to heavy vehicles concerning heavy vehicle standards 525—Definitions for Division 6 defective heavy vehicle means a heavy vehicle that— (a) contravenes the heavy vehicle standards; or (b) has a part that— (i) does not perform its intended function; or (ii) has deteriorated to an extent that it cannot be reasonably relied on to perform its intended function; defective vehicle label means a label— (a) for attaching to a heavy vehicle to which a major defect notice or minor defect notice applies; and (b) stating— (i) the vehicle's registration number or, if the vehicle is not registered, a vehicle identifier of the vehicle; and (ii) that the vehicle must not be used on a road except as specified in the notice; and (iii) the identification details for the authorised officer who issued the notice; and (iv) the day and time the notice was issued; and (v) the number of the notice; identification details, for an authorised officer, means details to identify the authorised officer, including, for example— (a) the officer's name; or (b) an identification number allocated to the officer under this Law or another law; vehicle identifier means— (a) a VIN; or (b) engine number; or (c) chassis number; or (d) another identifying number issued by a registration authority. an unregistered vehicle permit number 526—Issue of vehicle defect notice (1) This section applies if an authorised officer who has inspected a heavy vehicle under this Law reasonably believes— (a) the vehicle is a defective heavy vehicle; or (b) a number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible. (2) The authorised officer may issue the following vehicle defect notice in relation to the heavy vehicle, in the way mentioned in subsection (3)— (a) if the officer reasonably believes the vehicle is a defective heavy vehicle and use of the vehicle on a road poses an imminent and serious safety risk—a major defect notice; (b) if the officer reasonably believes the vehicle is a defective heavy vehicle and use of the vehicle on a road poses a safety risk other than an imminent and serious safety risk—a minor defect notice; (c) if the officer reasonably believes that use of the vehicle on a road does not pose a safety risk or subsection (1)(b) applies—a self‑clearing defect notice. (3) The authorised officer may issue the vehicle defect notice by— (a) if the driver of the heavy vehicle is present—giving the notice to the driver; or (b) if the driver of the heavy vehicle is not present—attaching the notice to the vehicle. (4) If the driver of a heavy vehicle for which a vehicle defect notice is issued under this section is not the operator of the vehicle, the driver must give the notice to the operator as soon as practicable, but not more than 14 days, after the notice is issued. 527—Requirements about vehicle defect notice (1) A vehicle defect notice for a heavy vehicle must be in the approved form and state the following: (a) that the notice is a major defect notice, minor defect notice or self‑clearing defect notice; (aa) that— (i) the vehicle is a defective heavy vehicle; or (ii) a number plate of the vehicle is wholly or partly obscured, defaced or otherwise not legible; (ab) if the vehicle is a defective heavy vehicle—details of how the vehicle is a defective heavy vehicle; (b) for a major defect notice—that the vehicle must not be used on a road after the notice is issued other than to move it to one or more locations stated in the notice in one or more ways stated in the notice; (c) for a minor defect notice— (i) that corrective action must be taken by a stated time (the due time); and (ii) that, after the due time, the vehicle must not be used on a road unless corrective action has been taken; (ca) for a self‑clearing defect notice— (i) that corrective action must be taken by a stated day (the due day) not more than 28 days after the notice is issued; and (ii) that, after the due day, the vehicle must not be used on a road unless corrective action has been taken; (d) the name of the vehicle's driver if known by the authorised officer issuing the notice when the notice is issued or, if the driver is not present or the driver's name is not known by the authorised officer issuing the notice when the notice is issued, the term 'registered operator'; (e) details to identify the vehicle, including, for example— (i) the vehicle's registration number, or if the vehicle is not registered, a vehicle identifier of the vehicle; or (ii) the vehicle's make and category; (f) the nature of the inspection that led to the notice being issued; (g) whether an infringement notice was also given when the notice was issued; (h) the identification details for the authorised officer who issued the notice; (i) the day and time the notice was issued; (j) for a major defect notice or minor defect notice— (i) that, if the notice is not cleared by the Regulator under section 530, the vehicle's registration may be suspended and subsequently cancelled by a registration authority under an Australian road law; and (ii) any conditions imposed under subsection (2). (2) The authorised officer issuing a major defect notice or minor defect notice may impose any conditions on the use of the defective heavy vehicle the officer considers appropriate for use of the vehicle on a road. (3) Any conditions imposed under subsection (2) are taken to form part of the vehicle defect notice concerned. corrective action, for a vehicle, means action that stops— (a) the vehicle from being a defective heavy vehicle; or (b) a number plate of the vehicle being wholly or partly obscured, defaced or otherwise not legible. 528—Defective vehicle labels (1) If an authorised officer issues a major defect notice for a heavy vehicle, the authorised officer must attach a defective vehicle label to the vehicle. (2) If an authorised officer issues a minor defect notice for a heavy vehicle, the authorised officer may attach a defective vehicle label to the vehicle. (3) A person must not remove or deface a defective vehicle label attached to a heavy vehicle under subsection (1) or (2). (4) Subsection (3) does not apply to a person removing a defective vehicle label under section 530(2) or 531(5). 528A—Information not included in notice or label (1) This section applies to information required to be included— (a) in a defective vehicle label under section 525 (see paragraph (b)(i) of the definition of defective vehicle label); or (b) in a vehicle defect notice under section 527(1)(e). (2) The information need only be included if it is reasonably practicable and safe for the authorised officer to obtain the information. 529—Using heavy vehicles contrary to vehicle defect notice A person must not use, or permit to be used, on a road a heavy vehicle in contravention of a vehicle defect notice. (a) for a major defect notice or minor defect notice—$6 000; or (b) for a self‑clearing defect notice—$3 000. 529AA—Permission to use vehicle the subject of a self‑clearing defect notice (1) An authorised officer may, on request made by the operator of a heavy vehicle that is the subject of a self‑clearing defect notice, give written permission for the vehicle to be used on a road during a period stated in the permission. (2) The permission is subject to the condition that the vehicle will be used only for the purpose of driving the vehicle to and from a place where repairs are to be carried out. (3) The use of the vehicle under the permission, in accordance with the condition, is not a contravention of the self‑clearing defect notice. 529A—Permission to use vehicle the subject of a major or minor defect notice (1) An authorised officer may, on request made by the operator of a heavy vehicle that is the subject of a major defect notice or minor defect notice, give written permission for the vehicle to be used on a road during a period stated in the permission. (2) The authorised officer may give the permission only if— (a) the officer is satisfied— (i) the vehicle will be used only for the purpose of driving the vehicle to and from a place where repairs are to be carried out; and (ii) the use of the vehicle will not pose an imminent and serious safety risk; and (iii) the request is necessary and reasonable; or (b) the officer is satisfied— (i) the relevant repairs have been carried out and the vehicle will be taken within the stated period to be inspected for the purpose of enabling the vehicle defect notice to be cleared under section 530; and (ii) the use of the vehicle will not pose a safety risk; and (iii) the request is necessary and reasonable. (3) For the purpose of subsection (2)(a)(ii) or (b)(ii), an authorised officer may require evidence of adequate repairs or other measures. (4) The permission is subject to conditions that— (a) the use of the vehicle will be as mentioned in subsection (2)(a)(i) or (b)(i); and (b) in relation to the use of the vehicle mentioned in subsection (2)(a)(i)—the vehicle will not be used to carry goods or passengers. (5) The authorised officer may also impose other reasonable conditions on the permission. (6) The use of the vehicle under the permission is not a contravention of the vehicle defect notice. (7) The use of a vehicle in contravention of a condition under subsection (4) or (5) is a contravention of the vehicle defect notice. 529B—Permitted use of vehicle the subject of a major or minor defect notice without permission of authorised officer (1) A heavy vehicle that is the subject of a major defect notice or minor defect notice may be used on a road if— (a) the relevant repairs have been carried out; and (b) the vehicle is being taken to a place to be inspected for the purpose of enabling the vehicle defect notice to be cleared under section 530; and (c) the vehicle is not carrying goods or passengers; and (d) the use of the vehicle does not pose a safety risk. (2) An authorised officer may require a driver of the heavy vehicle to produce evidence of the relevant repairs to the authorised officer within a reasonable time, and in a reasonable way, stated by the officer. (3) Subsection (1) stops applying to the vehicle if the driver fails to comply with the requirement. (4) The use of the heavy vehicle under subsection (1) is not a contravention of the vehicle defect notice. 530—Clearance of major or minor defect notices (1) A major defect notice or minor defect notice may be cleared by the Regulator if— (a) the Regulator decides the vehicle is no longer a defective heavy vehicle; or (b) the Regulator receives a notice, in the approved form, from an authorised officer stating that the heavy vehicle is no longer a defective heavy vehicle. (2) If the Regulator clears a major defect notice or minor defect notice applying to a heavy vehicle, the Regulator must arrange for any defective vehicle label for the vehicle to be removed from the vehicle. 531—Amendment or withdrawal of vehicle defect notices (1) A vehicle defect notice issued in this jurisdiction by an authorised officer who is a police officer may be amended or withdrawn by any authorised officer who— (a) is a police officer of this jurisdiction; or (b) is a police officer of another jurisdiction if the Application Act of this jurisdiction permits this to be done; or (c) is not a police officer but is of a class of authorised officers for the time being approved by the Regulator for the purposes of this subsection. (2) A vehicle defect notice issued by an authorised officer who is not a police officer may be amended or withdrawn by any authorised officer who is of a class of authorised officers for the time being approved by the Regulator for the purposes of this subsection. (3) If an authorised officer amends or withdraws a vehicle defect notice for a heavy vehicle, the officer must give notice of the amendment or withdrawal to— (a) the Regulator; and (b) one of the following: (i) the person to whom the vehicle defect notice was given; (ii) the person in charge of the vehicle; (iii) the registered operator; (iv) if the vehicle is not registered—an owner. (4) If the person given the notice of amendment or withdrawal is not the operator of the vehicle, the person must, as soon as reasonably practicable, give the notice to the operator. (5) If an authorised officer withdraws a vehicle defect notice applying to a heavy vehicle, the Regulator must arrange for the defective vehicle label for the vehicle to be removed from the vehicle. Division 7—Further powers in relation to heavy vehicles concerning mass, dimension or loading requirements 532—Application of Division 7 This Division applies to a heavy vehicle regardless of whether the vehicle is, has been, or becomes the subject of a direction or requirement given or made by an authorised officer under another provision of this Chapter. 533—Powers for minor risk breach of mass, dimension or loading requirement (1) This section applies if an authorised officer reasonably believes a heavy vehicle— (a) is the subject of 1 or more minor risk breaches of mass, dimension or loading requirements; and (b) is not, or is no longer, also the subject of a substantial, or severe, risk breach of a mass, dimension or loading requirement. (2) If the authorised officer reasonably believes it appropriate in the circumstances, the officer may direct the driver or operator of the heavy vehicle— (a) to immediately rectify stated breaches of mass, dimension or loading requirements relating to the vehicle; or (b) to move the vehicle, or cause it to be moved, to a stated place and not to move the vehicle, or cause it to be moved, from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified. Examples of circumstances for the purposes of subsection (2)— 1 Rectification is reasonable and can be carried out easily. 2 Rectification is necessary in the public interest to avoid a safety risk, damage to road infrastructure or an adverse effect on public amenity. (3) A place mentioned in subsection (2)(b) must be— (a) a place the authorised officer reasonably believes is suitable for the purpose of complying with the direction; and (b) within a 30km radius from— (i) where the heavy vehicle is located when the direction is given; or (ii) if the direction is given in the course of the heavy vehicle's journey—any point along the forward route of the journey. (4) If the authorised officer does not give the driver or operator of a heavy vehicle a direction under subsection (2) and the authorised officer reasonably believes the driver or operator is not, or is no longer, subject to a direction for the rectification of a minor risk breach of a mass, dimension or loading requirement relating to the vehicle, the officer may authorise the driver or operator to continue the vehicle's journey. (5) A direction given under subsection (2) must be in writing and may be given with or without conditions. (6) Despite subsection (5), a direction to move a heavy vehicle may be given orally if the moving of the vehicle is carried out in the presence, or under the supervision, of an authorised officer. (7) The person to whom a direction is given under this section must comply with the direction, unless the person has a reasonable excuse. 534—Powers for substantial risk breach of mass, dimension or loading requirement (a) a heavy vehicle is the subject of 1 or more substantial risk breaches of mass, dimension or loading requirements; and (b) the heavy vehicle is not, or is no longer, also the subject of a severe risk breach of a mass, dimension or loading requirement. (2) The authorised officer must direct the driver or operator of the heavy vehicle— (a) not to move the vehicle until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified; or (b) to move the vehicle, or cause it to be moved, to a stated reasonable place and not to move it, or cause it to be moved, from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified. Examples of reasonable place for the purposes of paragraph (b)— • the intended destination of the heavy vehicle's journey • a depot of the heavy vehicle or, if the heavy vehicle is a combination, a depot of a vehicle in the combination • a weighbridge • a rest area • a place where the heavy vehicle can be loaded or unloaded (3) A direction given under subsection (2) must be in writing and may be given with or without conditions. (4) Despite subsection (3), a direction to move a heavy vehicle may be given orally if the moving of the vehicle is carried out in the presence, or under the supervision, of an authorised officer. (5) The person to whom a direction is given under this section must comply with the direction, unless the person has a reasonable excuse. 535—Powers for severe risk breach of mass, dimension or loading requirement (1) This section applies if an authorised officer reasonably believes a heavy vehicle is the subject of 1 or more severe risk breaches of mass, dimension or loading requirements. (2) The authorised officer must direct the driver or operator of the heavy vehicle— (a) not to move the heavy vehicle until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified; or (b) if the prescribed circumstances exist— (i) to move the vehicle, or cause it to be moved, to the nearest stated safe location; and (ii) not to proceed from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified. (3) A direction given under subsection (2) must be in writing and may be given with or without conditions. (4) Despite subsection (3), a direction to move a heavy vehicle may be given orally if the moving of the vehicle is carried out in the presence, or under the supervision, of an authorised officer. (5) The person to whom a direction is given under this section must comply with the direction, unless the person has a reasonable excuse. (6) Nothing in this section prevents an authorised officer from taking into account the safety of the heavy vehicle or any load in it if the officer reasonably believes the officer can do so without prejudicing the safety of other property, people, the environment, road infrastructure or public amenity. prescribed circumstances means— (a) there is a risk of harm to public safety; or (b) there is an appreciable risk of harm to the environment, road infrastructure or public amenity; risk of harm to public safety, in relation to a heavy vehicle— (a) includes the risk of harm to the safety of people, or live animals, in the vehicle; but (b) does not include the risk of harm to the safety of the vehicle or goods, other than a live animal, in the vehicle; safe location means a location where the authorised officer reasonably believes the heavy vehicle will pose a reduced risk or no appreciable risk of harm to public safety, the environment, road infrastructure or public amenity; Example of a safe location— • a depot of the heavy vehicle or, if the heavy vehicle is a combination, a depot of a vehicle in the combination • a weighbridge • a rest area • a place where the heavy vehicle can be loaded or unloaded 536—Operation of direction in relation to a combination (1) This section applies if a direction is given under this Division in relation to a heavy combination. (2) Subject to subsection (3), nothing in this Division prevents a component vehicle of the heavy combination from being separately driven or moved if— (a) the component vehicle is not itself the subject of a contravention of a mass, dimension or loading requirement; and (b) it is not otherwise unlawful for the component vehicle to be driven or moved. (3) Subsection (2) does not apply if a condition of the direction prevents the component vehicle from being separately driven or moved. Division 8—Further powers in relation to fatigue‑regulated heavy vehicles 537—Application of Division 8 This Division applies to a fatigue‑regulated heavy vehicle regardless of whether the vehicle is, has been, or becomes the subject of a direction or requirement given or made by an authorised officer under another provision of this Chapter. 538—Requiring driver to rest for contravention of maximum work requirement (1) This section applies if an authorised officer reasonably believes the driver of a fatigue‑regulated heavy vehicle has contravened a maximum work requirement by working for a period in excess of the maximum work time allowed under the requirement. (2) If the authorised officer reasonably believes the contravention is a critical risk breach or severe risk breach, the authorised officer must, by notice, require the driver— (a) to immediately rest for a stated period in accordance with a minimum rest requirement applying to the driver; and (b) to work for a stated shorter period when the driver next works to compensate for the excess period worked. (3) If the authorised officer reasonably believes the contravention is a substantial risk breach or minor risk breach, the authorised officer may, by notice, require the driver— (a) to immediately rest for a stated period in accordance with a minimum rest requirement applying to the driver; and (b) to work for a stated shorter period when the driver next works to compensate for the excess period worked. (4) If the authorised officer imposes a requirement under subsection (2) or (3), the authorised officer must record details of the requirement in the driver's work diary. Section 541 deals with the situation where the driver does not produce the work diary or produces something as a work diary that the authorised officer reasonably believes to be unacceptable. 539—Requiring driver to rest for contravention of minimum rest requirement (1) This section applies if an authorised officer reasonably believes the driver of a fatigue‑regulated heavy vehicle has contravened a minimum rest requirement by resting for a period shorter than the minimum rest time required under the requirement. (2) If the authorised officer reasonably believes the contravention is a critical risk breach or severe risk breach, the authorised officer must, by notice, require the driver— (a) to immediately rest for a stated period to compensate for the shortfall between the period of rest the driver had and the minimum rest time required under the minimum rest requirement; and (b) if the driver has failed to have 1 or more night rest breaks required under a minimum rest requirement—to have 1 or more night rest breaks to compensate for the shortfall between the number of night rest breaks the driver had and the number of night rest breaks required under the minimum rest requirement. (3) If the authorised officer reasonably believes the contravention is a substantial risk breach or minor risk breach, the authorised officer may, by notice, require the driver— (a) to immediately rest for a stated period to compensate for the shortfall between the period of rest the driver had and the minimum rest time required under the minimum rest requirement; or (b) to rest for an additional stated period, at the next rest break the driver is required to have under a maximum work requirement or minimum rest requirement, to compensate for the shortfall between the period of rest the driver had and the minimum rest time required under the minimum rest requirement; or (c) if the driver has failed to have 1 or more night rest breaks required under a minimum rest requirement—to have 1 or more night rest breaks to compensate for the shortfall between the number of night rest breaks the driver had and the number of night rest breaks required under the minimum rest requirement. (4) If the authorised officer imposes a requirement under subsection (2) or (3), the authorised officer must record the details of the requirement in the driver's work diary. Section 541 deals with the situation where the driver does not produce the work diary or produces something as a work diary that the authorised officer reasonably believes to be unacceptable. 540—Requiring driver to stop working if impaired by fatigue (1) This section applies if an authorised officer reasonably believes the driver of a fatigue‑regulated heavy vehicle is impaired by fatigue. (2) The authorised officer may, by notice— (a) require the driver to immediately stop work and not work again for a stated period; and (b) if the officer has observed the driver driving in a way the officer considers on reasonable grounds to be dangerous, require the driver to also immediately stop being in control of the fatigue‑regulated heavy vehicle. (3) A stated period under subsection (2)(a) must be a reasonable period having regard to the matters prescribed for the purposes of this section by the national regulations. (4) If the authorised officer imposes a requirement under subsection (2)(a), the authorised officer must record details of the requirement in the driver's work diary. Section 541deals with the situation where the driver does not produce the work diary or produces something as a work diary that the authorised officer reasonably believes to be unacceptable. (5) If the authorised officer imposes a requirement under subsection (2)(b), the authorised officer may authorise a person to move the fatigue‑regulated heavy vehicle to a suitable rest place for fatigue‑regulated heavy vehicles but only if the person is qualified and fit to drive the vehicle. (6) The national regulations may prescribe the matters to which the authorised officer, or a court, must or may have regard when deciding whether or not a person was impaired by fatigue for the purposes of this section. 541—Requiring driver to stop working if work diary not produced or unreliable (a) an authorised officer has, under section 568, asked the driver of a fatigue‑regulated heavy vehicle to produce a work diary the driver is required to keep under this Law; and (i) the driver has failed to produce the diary without a reasonable excuse; or (ii) the driver produces a document that the authorised officer reasonably believes is not the work diary the driver is required to keep under this Law; or (iii) the authorised officer reasonably believes the work diary, or purported work diary, produced by the driver cannot be relied on as an accurate record of the time the driver recently spent working or resting. Examples for the purposes of subparagraph (iii)— • Information in the work diary appears to be incorrect. • Particular information appears to be missing from the work diary. • The work diary appears to have been tampered with. (2) The authorised officer may, by notice, require the driver to immediately stop work and to not work again for a stated period of up to 24 hours. 542—Compliance with requirement under this Division (1) A person given a notice under this Division must comply with the notice, unless the person has a reasonable excuse. (2) An authorised officer who gives a person a notice under section 538, 539 or 541 may, by stating it in the notice, allow the person to delay complying with the notice for a period of up to 1 hour if the authorised officer reasonably believes— (a) the delay is necessary to allow the person time to drive the relevant fatigue‑regulated heavy vehicle to the nearest suitable rest place for fatigue‑regulated heavy vehicles and it is reasonably safe to allow the person to continue driving the vehicle to that place; or (b) the delay is necessary to allow the person time to attend to, or to secure, the load on the relevant fatigue‑regulated heavy vehicle before resting. Part 4—Other powers Division 1—Powers relating to equipment 543—Power to use equipment to access information (a) a thing found at a place, or in a vehicle, entered by an authorised officer under this Chapter is, or includes, a disc, tape or other device used for storing information (the storage device); and (b) equipment at the place, or in the vehicle, may be used with the storage device to access information on the storage device; and (c) the authorised officer reasonably believes information stored on the storage device may be relevant for deciding whether this Law is being complied with. (2) The authorised officer, or a person helping the officer, may operate the equipment to access the information. (3) A person may operate equipment under subsection (2) only if the person reasonably believes the operation can be carried out without damaging the equipment. See section 548 for action an authorised officer may take if the officer, or a person helping the officer, finds a disc, tape or other device containing information the officer reasonably believes is relevant for deciding whether this Law has been contravened. equipment, at a place or in a vehicle, includes equipment taken into the place or vehicle by the authorised officer. 544—Power to use equipment to examine or process a thing (1) An authorised officer, or a person helping an authorised officer, may operate equipment at a place, or in a vehicle, entered under this Chapter to examine or process a thing found at the place, or in the vehicle, in order to decide whether it is a thing that may be seized under this Chapter. (2) Also, for a heavy vehicle entered under section 521, an authorised officer, or a person helping the authorised officer, may, for deciding whether a thing may be seized under section 547— (a) operate equipment in the vehicle to examine or process the thing; or (b) move the thing to another place if it is not practicable to examine or process the thing where it is found, or the vehicle's driver consents in writing, and operate equipment at that place to examine or process the thing. (3) However, subsections (1) and (2) only apply if the authorised officer or person reasonably believes— (a) the equipment is suitable for exercising the power; and (b) the power can be exercised without damaging the equipment or thing. equipment, at a place or in a vehicle, includes equipment taken into the place or vehicle by the authorised officer. Division 2—Seizure and embargo notices Subdivision 1—Power to seize 545—Seizing evidence at a place that may be entered without consent or warrant An authorised officer who enters a place the officer may enter under this Chapter without the consent of its occupier and without a warrant may seize a thing at the place if the officer reasonably believes the thing is evidence of an offence against this Law. 546—Seizing evidence at a place that may be entered only with consent or warrant (a) an authorised officer is authorised to enter a place only with the consent of an occupier at the place or a warrant; and (b) the authorised officer enters the place after obtaining the necessary consent or under a warrant. (2) If the authorised officer enters the place with the occupier's consent, the officer may seize a thing at the place if— (a) the officer reasonably believes the thing is evidence of an offence against this Law; and (b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier's consent. (3) If the authorised officer enters the place under a warrant, the officer may seize the evidence for which the warrant was issued. (4) The authorised officer may also seize anything else at the place if the officer reasonably believes— (a) the thing is evidence of an offence against this Law; and (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence. 547—Seizing evidence in a heavy vehicle entered under section 521 An authorised officer who enters a heavy vehicle under section 521 may seize a thing in the heavy vehicle if the officer reasonably believes the thing is evidence of an offence against this Law. 548—Additional seizure power relating to information stored electronically (1) This section applies if, under this Chapter, an authorised officer, or a person helping an authorised officer— (a) enters a place or heavy vehicle; and (b) finds a disc, tape or other device used for storing information (the original information storage device) containing information the authorised officer reasonably believes is relevant for deciding whether this Law has been contravened. (2) The authorised officer or person may— (a) put the information in documentary form and seize the document; or (b) copy the information from the original information storage device to another information storage device and seize the other information storage device; or (c) seize the original information storage device and any equipment at the place or in the vehicle necessary for accessing the information contained in the device if— (i) it is not practicable to take action, at the place or in the vehicle, under paragraph (a) or (b) in relation to the information; and (ii) the officer or person reasonably believes the device and equipment can be seized without being damaged. 549—Seizing thing or sample taken for examination under section 500 An authorised officer who takes a thing or sample for examination under section 500(1)(c) may, after examining it, seize the thing or sample if— (a) the officer reasonably believes the thing or sample is evidence of an offence against this Law; and (b) had the officer had the reasonable belief when the thing or sample was taken, the officer could have seized the thing or the thing from which the sample was taken under section 545 to 548. 550—Seizure of property subject to security (1) An authorised officer may seize a thing under this Chapter, and exercise powers relating to the thing, despite a lien or other security over it claimed by another person. (2) However, the seizure does not affect the other person's claim to the lien or other security against a person other than the authorised officer or a person helping the officer. 551—Seizure of number plates (1) Without limiting any other provision of this Chapter, a power under this Chapter for an authorised officer to seize a thing includes a power to seize a number plate for a heavy vehicle under subsection (2) or (3). (2) An authorised officer may seize a number plate (whether or not displayed on a heavy vehicle) if the officer reasonably believes— (a) that the number plate is being used other than in accordance with an Australian road law; or (b) that the number plate was not issued in accordance with an Australian road law. (3) An authorised officer may seize a number plate if it is displayed on a heavy vehicle and the officer reasonably believes— (a) that the number plate does not bear the registration number last assigned to the vehicle; or (b) that— (i) the vehicle is not registered or exempted from registration; and (ii) the period during which the registration of the vehicle may be renewed has expired. (4) An authorised officer may retain— (a) a number plate seized under subsection (2) until the officer is satisfied that it was not being so used and that it was issued in accordance with an Australian road law; or (b) a number plate seized under (3) until the officer is satisfied that circumstances exist that allow it to be used without being subject to retention under this subsection. (5) An authorised officer must return a number plate seized under subsection (2) or (3) to— (a) the driver or operator of the vehicle, if the officer is satisfied as to the relevant matters referred to in subsection (4); or (b) an appropriate authority, if the officer is not satisfied as to those matters after a reasonable period. (6) The national regulations may prescribe, or prescribe guidelines for determining, an appropriate authority for the purposes of subsection (5). 552—Restriction on power to seize certain things (1) This Chapter does not authorise an authorised officer to seize— (a) a heavy vehicle; or (b) a thing, or a thing of a class, prescribed by the national regulations. (2) Subsection (1) does not apply if the Application Act of the participating jurisdiction in which the vehicle or thing is located provides that the heavy vehicle or thing can be impounded or seized under a law of that jurisdiction. Subdivision 2—Powers to support seizure 553—Requirement of person in control of thing to be seized (1) To enable a thing to be seized under this Chapter, an authorised officer may require the person in control of it— (a) to take it to a stated reasonable place by a stated reasonable time; and (b) if necessary, to remain in control of it at the stated place for a stated reasonable period. (2) The requirement— (a) must be made by notice; or (b) if for any reason it is not practicable to give a notice, may be made orally and confirmed by notice as soon as practicable. (3) A person of whom a requirement is made under this section must comply with the requirement, unless the person has a reasonable excuse. Subdivision 3—Safeguards for seized things or samples 554—Receipt for seized thing or sample (1) This section applies if an authorised officer seizes a thing or sample under this Chapter unless— (a) it is impracticable or unreasonable for the officer to account for the thing or sample given its condition, nature and value; or (b) for a thing seized other than under section 549—the officer reasonably believes there is no‑one apparently in possession of the thing or the thing has been abandoned. (2) The authorised officer must, as soon as practicable after the thing or sample is seized, give the relevant person for the thing or sample a receipt that generally describes the thing or sample and its condition. (3) However, for a thing seized other than under section 549, if a relevant person for the thing is not present when the thing is seized, the receipt may be given by leaving it in a conspicuous position and in a reasonably secure way at the place at which the thing was seized. (4) The receipt may relate to more than 1 seized thing. relevant person means— (a) for a thing or sample seized under section 549— (i) an owner of the thing or sample; or (ii) a person in possession of the thing, or the thing from which the sample was taken, before the thing or sample was taken for examination under section 500(1)(c); or (b) for a thing seized under this Chapter other than under section 549— (i) an owner of the thing; or (ii) a person in possession of the thing before it was seized. 555—Access to seized thing (1) Until a thing seized under this Chapter is forfeited or returned, the authorised officer who seized the thing must allow any owner of the thing— (a) to inspect it at any reasonable time and from time to time; and (b) if it is a document—to copy it. (2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying. (3) The inspection or copying must be allowed free of charge. 556—Return of seized things or samples (a) an authorised officer has seized a thing or sample under this Chapter; and (b) the thing or sample is not forfeited under Division 3. (2) If an authorised officer is satisfied that— (a) the thing or sample is not required (or is no longer required) as evidence of an offence against this Law; and (b) the continued retention of the thing or sample is not necessary to prevent the thing or sample being used to continue, or repeat, an offence against this Law; and (c) the thing or sample is not subject to a dispute as to ownership, which would be appropriately resolved by making an application under subsection (3) for the return of the thing or sample, the authorised officer must exercise reasonable diligence to return the thing or sample to the person from whom it was seized or to the owner if that person is not entitled to possess it. (3) An application for the return of the thing or sample may be made to the relevant tribunal or court by— (a) the person from whom it was seized; or (b) a person who claims to be the owner; or (c) an authorised officer. (4) If the relevant tribunal or court is satisfied that— (a) the thing or sample is not required (or is no longer required) as evidence of an offence against this Law; and (b) the continued retention of the thing or sample is not necessary to prevent the thing or sample being used to continue, or repeat, an offence against this Law; and (c) there are no reasonable grounds to suspect that the thing or sample is likely to be used by any person in the commission of an offence of a kind prescribed by the national regulations for the purposes of this subsection, the relevant tribunal or court may make an order for the return of the thing or sample to the person from whom it was seized or to the owner if that person is not entitled to possess it. (5) The national regulations may— (a) provide for the procedures to be followed when an application is made under subsection (3); and (b) without limiting paragraph (a)— (i) provide for the notification of the Regulator or an authorised officer (or both) of the making of the application if it is made by a person who is not an authorised officer; and (ii) specify the information that is to be included in the notification. (6) Nothing in this section affects a lien or other security over a thing. (7) Nothing in this section prevents the return of a thing or sample to its owner at any time if the Regulator considers there is no reason for its continued retention. Subdivision 4—Embargo notices 557—Power to issue embargo notice (a) an authorised officer may seize a thing under this Chapter; and (b) the thing cannot, or cannot readily, be physically seized and removed. (2) The authorised officer may issue a notice (an embargo notice) under this section prohibiting any dealing with the thing or any part of it without the written consent of the Regulator or an authorised officer. (3) The embargo notice— (a) must be in the approved form; and (b) must list the activities it prohibits; and (c) must include a copy of section 558. (4) The authorised officer may issue the embargo notice— (a) by causing a copy of it to be served on the relevant entity; or (b) if a relevant entity cannot be located after the authorised officer exercises reasonable diligence to do so, by fixing a copy of the notice on the thing the subject of the notice in a conspicuous position and in a reasonably secure way. dealing, with a thing or part of a thing, includes— (a) moving, selling, leasing or transferring the thing or part; and (b) changing information on, or deleting information from, the thing or part; relevant entity, for an embargo notice, means— (a) the driver of the heavy vehicle to which the thing the subject of the notice relates; or (b) the occupier of the place in which the thing the subject of the notice is located. 558—Noncompliance with embargo notice (1) A person (the relevant person) who knows an embargo notice relates to a thing must not— (a) do anything the notice prohibits; or (b) instruct someone else (the other person) to do anything the notice prohibits— (i) anyone from doing; or (ii) the relevant person or other person from doing. (2) In a proceeding for an offence against subsection (1) to the extent it relates to a charge that the person charged with the offence (defendant) moved an embargoed thing, or a part of an embargoed thing, it is a defence for the defendant to prove that he or she— (a) moved the embargoed thing, or part, to protect or preserve it; and (b) notified the authorised officer who issued the embargo notice of the move and new location of the embargoed thing, or part, within 48 hours after the move. (3) A person served with an embargo notice must ensure, so far as is reasonably practicable, another person does not do anything prohibited by the notice. (4) Despite any other Act or law, a sale, lease, transfer or other dealing with an embargoed thing in contravention of this section is void. 559—Power to secure embargoed thing (1) An authorised officer may take reasonable action to restrict access to an embargoed thing. (2) For the purposes of subsection (1), the authorised officer may, for example— (a) seal the embargoed thing, or the entrance to the place where the embargoed thing is located, and mark the thing or place to show access to the thing or place is restricted; or (b) for equipment—make it inoperable; or dismantling equipment or removing a component of equipment without which the equipment cannot be used (c) require a person the authorised officer reasonably believes is in control of the embargoed thing, or the place where the embargoed thing is located, to do an act mentioned in paragraph (a) or (b) or anything else an authorised officer could do under subsection (1). (3) A person of whom a requirement is made under subsection (2)(c) must comply with the requirement, unless the person has a reasonable excuse. (4) If access to an embargoed thing is restricted under this section, a person must not tamper with the thing or with anything used to restrict access to the thing without— (a) an authorised officer's approval; or (b) a reasonable excuse. (5) If access to a place is restricted under this section, a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without— (a) an authorised officer's approval; or (b) a reasonable excuse. (6) The restricted access to an embargoed thing, or a place where an embargoed thing is located, under this section applies only for the period the thing is an embargoed thing. 560—Withdrawal of embargo notice (a) an authorised officer has issued an embargo notice for a thing; and (b) the thing has not been forfeited under Division 3. (2) The authorised officer must withdraw the embargo notice— (a) generally—at the end of 3 months after it is issued; or (b) if a relevant tribunal or court has made an order under subsection (5) extending the time for withdrawing the notice—at the end of the extended time; or (c) if a proceeding for an offence involving the thing is started before the notice must be withdrawn under paragraph (a) or (b)—at the end of the proceeding and any appeal from the proceeding. (3) Despite subsection (2), if the embargo notice is issued on the basis that the thing may provide evidence of an offence against this Law, the authorised officer must as soon as practicable withdraw the notice if the officer is satisfied— (a) the thing is no longer required as evidence of an offence against this Law; and (b) it is not necessary for the notice to continue to prevent the thing being used to continue, or repeat, the offence. (4) An authorised officer may apply to a relevant tribunal or court within 3 months after the embargo notice is issued for an extension of the time by which the notice must be withdrawn under this section. (5) The relevant tribunal or court may order the extension if it is satisfied the continued operation of the embargo notice is necessary for investigation purposes. Division 3—Forfeiture and transfers 561—Power to forfeit particular things or samples (1) If, under this Chapter, a thing or sample is taken for examination by an authorised officer or a person authorised by an authorised officer, or a thing or sample is seized by an authorised officer, the Regulator may decide it is forfeited to the Regulator if an authorised officer— (a) after making reasonable inquiries, cannot find its owner; or (b) after making reasonable efforts, cannot return it to its owner. (2) However, the authorised officer is not required to— (a) make inquiries if it would be unreasonable to make inquiries to find the owner; or (b) make efforts if it would be unreasonable to make efforts to return the thing or sample to its owner. Example for the purposes of paragraph (b)— the owner of the thing or sample has migrated to another country (3) Regard must be had to the thing's or sample's condition, nature and value in deciding— (a) whether it is reasonable to make inquiries or efforts; and (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable. (4) A thing or sample seized under this Chapter by a police officer cannot be forfeited to the Regulator but must be dealt with under— (a) the national regulations, except as provided by paragraph (b); or (b) applicable legislation of the relevant State or Territory. 562—Information notice for forfeiture decision (1) If the Regulator decides under section 561(1) to forfeit a thing or sample, the Regulator must as soon as practicable give an information notice for the decision to— (a) the person from whom the thing or sample was seized; and (b) the person who was the owner of the thing or sample immediately before the forfeiture; and (c) each person having a registered interest in the thing or sample. (2) The information notice may be given— (a) by post; or (b) in the case of the person from whom the thing or sample was seized, by leaving the notice in a conspicuous position and in a reasonably secure way at— (i) for a thing or sample taken for examination, whether or not it is seized under section 549—the place where the thing or sample was taken; or (ii) for a thing or sample seized under this Chapter other than under section 549—the place where the thing or sample was seized. (3) However, subsection (2)(b) does not apply if the place is— (a) a public place; or (b) a place where the notice is unlikely to be read by the person for whom it is intended. 563—Forfeited or transferred thing or sample becomes property of the Regulator A thing or sample becomes the property of the Regulator if— (a) the thing or sample is forfeited to the Regulator under section 561(1); or (b) the owner of the thing or sample and the Regulator agree, in writing, to the transfer of the ownership of the thing or sample to the Regulator. 564—How property may be dealt with (1) This section applies if, under section 563, a thing or sample becomes the property of the Regulator. (2) The Regulator may take action under this section after giving 28 days' notice of the intention to do so to— (a) the person from whom the thing or sample was seized; and (b) the person who was the owner of the thing or sample immediately before the forfeiture; and (c) each person having a registered interest in the thing or sample. (3) The Regulator may deal with the thing or sample as the Regulator considers appropriate, including, for example, by destroying it or giving it away. (4) The Regulator must not deal with the thing or sample in a way that could prejudice the outcome of a review of the decision to forfeit the thing or sample, or an appeal against the decision on that review, under this Law. (5) If the Regulator sells the thing or sample, the Regulator may, after deducting the costs of the sale, return the proceeds of the sale to the person who was the owner of the thing or sample immediately before the forfeiture. 565—Third party protection (1) This section applies if, under section 563, a thing or sample becomes the property of the Regulator and applies to the following parties: (a) the owner of the thing or sample, except where the owner gave consent under section 563(b); (b) a person who has a registered interest in the thing or sample. (2) A party mentioned in subsection (1) may apply to a relevant tribunal or court for an order— (a) that ownership of the thing or sample be transferred to the applicant, if the applicant had full ownership of the thing or sample immediately before the thing or sample became the property of the Regulator under section 561; or (b) that, if the applicant had a registered interest in the thing or sample immediately before it became the property of the Regulator— (i) the thing or sample be sold; and (ii) the Regulator pay to the applicant, and any other persons with a registered interest in the thing or sample, an amount commensurate with the value of their respective interest. (3) If the thing or sample has been sold or otherwise disposed of, the Regulator must pay to— (a) an applicant who had a registered interest in the thing or sample immediately before the thing or sample was sold or otherwise disposed of, an amount commensurate with the value of the applicant's interest; or (b) an applicant who was an owner of the thing or sample, the amount obtained through its sale or disposal. (4) Leave of the relevant tribunal or court is required to bring an application if 6 months or more have elapsed since the thing or sample became the property of the Regulator. (5) The relevant tribunal or court may grant leave under subsection (4) only if it is satisfied that the delay in making the application was not due to the applicant's neglect. (6) The relevant tribunal or court may make an order— (a) declaring the nature, extent and, if necessary for the order, the value (at the time the declaration is made) of the applicant's registered interest; and (b) directing the Regulator— (i) if the thing or sample is vested in the Regulator and the applicant has full ownership of the thing or sample, to transfer ownership of the thing or sample to the applicant; or (ii) if the thing or sample is no longer vested in the Regulator, or if the applicant does not have full ownership of the thing or sample, to pay to the applicant the value of the applicant's registered interest in the thing or sample. (7) The relevant tribunal or court may make an order under subsection (6) only if it is satisfied that the offence with respect to which the thing or sample was seized occurred without the knowledge or consent of the applicant. (8) Any amount to be paid under this section is to be paid out of the proceeds (if any) of the sale of the thing or sample. (9) The Regulator may deduct any reasonable costs incurred in dealing with the thing or sample from an amount ordered to be paid under this section. 566—National regulations The national regulations may prescribe— (a) the circumstances in which the Regulator must apply to the Registrar of Personal Property Securities under the Personal Property Securities Act 2009 of the Commonwealth to register, amend or cancel an instrument in relation to a sample or thing referred to in this Division; and (b) the priority in which the proceeds of the disposal of anything under this Division are to be applied. Division 4—Information‑gathering powers 567—Power to require name, address and date of birth (1) This section applies if an authorised officer— (a) finds a person committing an offence against this Law; or (b) finds a person in circumstances that lead the officer to reasonably suspect the person has committed an offence against this Law; or (c) has information that leads the officer to reasonably suspect a person has committed an offence against this Law; or (d) reasonably suspects a person is or was the driver of or other person in charge of a heavy vehicle that has been or may have been involved in an incident involving the death of, or injury to, a person or damage to property; or (e) reasonably suspects a person is or may be a responsible person for a heavy vehicle; or (f) reasonably suspects a person is or may be able to help in the investigation of an offence against this Law. (2) The authorised officer may require the person to state the person's name, address and date of birth. (3) The authorised officer may also require the person to give evidence of the correctness of the stated name, address or date of birth if— (a) the officer reasonably suspects that the stated name, address or date of birth is incorrect; and (b) in the circumstances, it would be reasonable to expect the person to— (i) be in possession of evidence of the correctness of the stated name, address or date of birth; or (ii) otherwise be able to give the evidence. (4) A person of whom a requirement is made under subsection (2) or (3) must comply with the requirement, unless the person has a reasonable excuse. (5) If a person of whom a requirement is made under subsection (2) or (3) requests, when the requirement is made, the authorised officer to produce the officer's identification details, the officer must as soon as practicable produce for the inspection of the person— (a) for an authorised officer who is a police officer—an identity card or other document evidencing the officer's appointment as a police officer; or (b) for an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer's appointment as an authorised officer. (6) Subsection (5)(a) does not apply to a police officer in uniform. (7) In a proceeding for an offence of contravening a requirement made under subsection (2) to state a business address, it is a defence for the person charged to prove that— (a) the person did not have a business address; or (b) the person's business address was not connected, directly or indirectly, with road transport involving heavy vehicles. (8) This section does not authorise an authorised officer to impose a requirement under this section in relation to an incident that involves the death of, or injury to, a person unless the authorised officer is a police officer. address, of a person, includes the person's residential and business address and, for a person temporarily in this jurisdiction, includes the place where the person is living in this jurisdiction. 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 Chapter 9 Part 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. • 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. (3) A person of whom a requirement is made under subsection (2) must comply with the requirement, unless the person has a reasonable excuse. (a) for a requirement under subsection (2)(a)—$6 000; or (b) for a requirement under subsection (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. Section 587 also deals with self‑incrimination when complying with a requirement of an authorised officer. (5) The authorised officer may— (a) take a copy of, or an extract from, a licence or document mentioned in subsection (2); or (b) produce an image or writing from a document mentioned in subsection (2) that is an electronic document; or (c) take an extract from a device or other thing mentioned in subsection (2), including, for example— (ii) by accessing and downloading information from the device or other thing; or (d) 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. (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. (7) A person of whom a requirement is made under subsection (6) must comply with the requirement, unless the person has a reasonable excuse. (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— (a) as soon as practicable after the officer inspects it; or (b) 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. (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. 569—Power to require production of documents etc generally (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) a document issued to the person under this Law; or (b) a document, device or other thing required to be kept by the person under this Law or a heavy vehicle accreditation; or (c) transport documentation or journey documentation in the person's possession or under the person's control; or (d) a document in the person's possession or under the person's control relating to— (i) the use, performance or condition of a heavy vehicle; or (ii) the ownership, insurance, licensing or registration of a heavy vehicle; or (iii) 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 (e) a document in the person's possession or under the person's control relating to any business practices; or (f) 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. (2) A person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse. (3) If, under subsection (1), an authorised officer requires a responsible person to make available or produce an electronic document— (a) the authorised officer may require the responsible person to make available or produce— (i) a printed copy of the electronic document; or (ii) an electronic copy of the document; and (b) compliance with the requirement made under subsection (1) requires the making available or production of the document in the way required under paragraph (a). 1 See the definitions document and printed in section 12 of Schedule 1. 2 Section 17 of Schedule 1 and section 490 also deal with the production of documents and other information kept electronically. (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. 1 Section 587 also deals with self‑incrimination when complying with a requirement of an authorised officer. 2 Section 588 deals with the admissibility of information provided in complying with a requirement under this section. (5) The authorised officer may— (a) take a copy of, or an extract from, a document mentioned in subsection (1); or (b) produce an image or writing from a document mentioned in subsection (1) that is an electronic document; or (c) take an extract from a device or other thing mentioned in subsection (1)(b), including, for example— (ii) by accessing and downloading information from the device or other thing; or (d) 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. (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. (7) A person of whom a requirement is made under subsection (6) must comply with the requirement, unless the person has a reasonable excuse. (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— (a) as soon as practicable after the officer inspects it; or (b) 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. (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. 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. 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. (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. (5) It is not a reasonable excuse for a 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. (5a) However, the following information is not admissible as evidence against an individual in a civil or criminal proceeding, other than a proceeding for false or misleading information: (a) information, other than information in the form of a document, that the individual gives in complying with a requirement under subsection (1)(c); (b) information that is directly or indirectly derived from information to which paragraph (a) applies. Section 588 deals with the admissibility of information provided in complying with a requirement under subsection (1)(a) and (b). personal details, about a responsible person, means— (a) the person's name; or (b) the person's residential address or business address; responsible person, for a heavy vehicle, for the exercise of a power under this section in relation to a speeding offence, does not include— (a) a person mentioned in section 5, definition responsible person, paragraph (i), (j), (k) or (n); or Those paragraphs deal with persons who pack, load or unload goods or containers, and owners and operators etc of weighbridges or weighbridge facilities. (b) an employer, employee, agent or subcontractor of that person; speeding offence means an offence committed by the driver of a heavy vehicle because the driver exceeded a speed limit applying to the driver. 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. 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 (ii) that the person may appear with an Australian legal practitioner; and (d) the effect of— (i) subsections (7) and (8); (ii) section 735A. (5) The person must comply with a requirement under this section, unless the person has a reasonable excuse. (6) It is not a reasonable excuse for the person to fail to comply with a requirement made under this section on the ground 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. (7) However, the following information, documents and evidence are not admissible as evidence against an individual in a civil or criminal proceeding, other than a proceeding for false or misleading information: (a) information, documents and evidence that the individual gives in complying with a requirement under this section; (b) information, documents and evidence that is directly or indirectly derived from information, documents or evidence mentioned in paragraph (a). (8) An authorised officer may act under this section only if— (a) for an authorised officer who is a police officer—the officer has the relevant police commissioner's written authority to act under this section; or (b) for an authorised officer who is not a police officer—the officer's instrument of appointment provides that the authorised officer may act under this section. Division 5—Improvement notices 571—Authorised officers to whom Division applies (1) This Division applies to an authorised officer who is a police officer only if the police officer has the relevant police commissioner's written authority to issue improvement notices under this Division. (2) This Division applies to an authorised officer who is not a police officer only if the officer's instrument of appointment provides that the authorised officer may issue improvement notices under this Division. 572—Improvement notices (1) This section applies if an authorised officer reasonably believes a person has contravened or is contravening a provision of this Law in circumstances that make it likely that the contravention will continue or be repeated. (2) The authorised officer may give the person a notice (an improvement notice) requiring the person to take action within a stated period to stop the contravention from continuing or occurring again or to remedy the matters or activities occasioning the contravention. (3) The period stated in the improvement notice within which the person is required to comply with the notice must be at least 7 days after the notice is given unless the authorised officer is satisfied it is reasonable to require the person to comply with the notice in a shorter period because— (a) it is reasonably practicable for the person to comply with the notice within the shorter period; and (b) requiring the person to comply with the notice within the shorter period is not likely to involve— (i) a higher cost to the person to comply with the notice; or (ii) a more adverse effect on the person's business operations. (4) The improvement notice must be in the approved form and state the following: (a) that the authorised officer reasonably believes the person has contravened or is contravening a provision of this Law in circumstances that make it likely that the contravention will continue or be repeated; (b) the reasons for that belief; (c) the provision of this Law in relation to which that belief is held; (d) that the person must take action within a stated period to stop the contravention from continuing or occurring again or to remedy the matters or activities occasioning the contravention; (e) the review and appeal information for the decision to give the notice; (f) that the notice is given under this section. (5) The improvement notice may state the way the action is to be taken. 573—Contravention of improvement notice (1) A person given an improvement notice must comply with the notice, unless the person has a reasonable excuse. (2) In a proceeding for an offence against subsection (1), it is a defence for the person charged to prove that the alleged contravention, or the matters or activities occasioning the alleged contravention, were remedied within the period stated in the improvement notice, though in a way different to that stated in the notice. (3) A person who is given an improvement notice in relation to a contravention of a provision of this Law cannot be proceeded against for an offence constituted by the contravention unless— (a) the person fails to comply with the improvement notice and does not have a reasonable excuse for the noncompliance; or (b) the improvement notice is revoked under section 575. 574—Amendment of improvement notice (1) An improvement notice given by an authorised officer who is a police officer may be amended by any authorised officer who is a police officer and who has the relevant police commissioner's written authority to issue improvement notices under this Division. (2) An improvement notice given by an authorised officer who is not a police officer may be amended by any authorised officer who is not a police officer. (3) An amendment of an improvement notice given to a person is ineffective to the extent it purports to deal with a contravention of a different provision of this Law to that dealt with in the improvement notice when first given. (4) If an authorised officer decides to amend an improvement notice given to a person, the officer must give the person notice of the amendment stating the following: (a) the amendment; (b) the reasons for the amendment; (c) the review and appeal information for the decision to amend the improvement notice. Section 23 of Schedule 1 allows for the amendment of an improvement notice. 575—Revocation of an improvement notice (1) An improvement notice given to a person by an authorised officer who is a police officer may be revoked, by giving notice of the revocation to the person, by— (a) the relevant police commissioner; or (b) an authorised officer who— (i) is a police officer; and (ii) has the relevant police commissioner's written authority to issue improvement notices under this Division; and (iii) is more senior in rank to the police officer who gave the notice to the person. (2) An improvement notice given to a person by an authorised officer who is not a police officer may be revoked by the Regulator by giving notice of the revocation to the person. (3) Section 23 of Schedule 1 does not apply in relation to the revocation of the improvement notice. 576—Clearance certificate (1) An approved authorised officer may issue a certificate (a clearance certificate) stating that all or stated requirements of an improvement notice have been complied with. (2) If a person to whom an improvement notice is given receives a clearance certificate about the improvement notice, each requirement of the improvement notice that the certificate states has been complied with stops being operative. approved authorised officer means— (a) for an improvement notice given by an authorised officer who is a police officer—any authorised officer who is a police officer and who has the relevant police commissioner's written authority to issue improvement notices under this Division; or (b) for an improvement notice given by an authorised officer who is not a police officer—any authorised officer who is not a police officer.