Part 8Accreditation

Chapter 8—Accreditation 456—Purpose of Chapter 8 The purpose of accreditation under this Law is to allow operators of heavy vehicles who implement management systems that achieve the objectives of particular aspects of this Law to be subject to alternative requirements under this Law, in relation to the aspects, that are more suited to the operators' business operations. 457—Definitions for Chapter 8 AFM fatigue management system, for an operator of a fatigue‑related heavy vehicle, means the operator's management system for ensuring compliance with the AFM standards and business rules, including by— (a) recording the name, current driver licence number and contact details of each driver who is currently operating under the operator's AFM accreditation; and (b) ensuring each of the drivers is in a fit state— (i) to safely perform required duties; and (ii) to meet any specified medical requirements; and (c) ensuring each of the drivers— (ii) has been informed of the AFM hours applying under the operator's AFM accreditation; and (d) ensuring anyone employed in the operator's business, who has responsibilities relating to scheduling or managing the fatigue of the drivers— (ii) has been informed of the AFM hours applying under the operator's AFM accreditation; AFM standards and business rules means the standards and business rules for advanced fatigue management approved by the responsible Ministers; A copy of the AFM standards and business rules is published on the Regulator's website. approved, by the responsible Ministers, means approved by the responsible Ministers under section 654; approved auditor means an auditor of a class approved by the responsible Ministers; Details of the approved classes are published on the Regulator's website. BFM fatigue management system, for an operator of a fatigue‑related heavy vehicle, means the operator's management system for ensuring compliance with the BFM standards and business rules, including by— (a) recording the name, current driver licence number and contact details of each driver who is currently operating under the operator's BFM accreditation; and (b) ensuring each of the drivers is in a fit state— (i) to safely perform required duties; and (ii) to meet any specified medical requirements; and (c) ensuring each of the drivers— (ii) has been informed of the BFM hours; and (d) ensuring anyone employed in the operator's business, who has responsibilities relating to scheduling or managing the fatigue of the drivers— (ii) has been informed of the BFM hours; BFM standards and business rules means the standards and business rules for basic fatigue management approved by the responsible Ministers; A copy of the BFM standards and business rules is published on the Regulator's website. maintenance management standards and business rules means the standards and business rules for heavy vehicle maintenance management approved by the responsible Ministers; A copy of the maintenance management standards and business rules is published on the Regulator's website. maintenance management system, for an operator of a heavy vehicle, means the operator's management system for ensuring compliance with the maintenance management standards and business rules, including by— (a) identifying each heavy vehicle currently being operated in accordance with the management system; and (b) for each heavy vehicle being operated in accordance with the management system, having measures for the following: (i) daily checks of the condition of the vehicle, and its components and equipment, for each day on which the vehicle is driven on a road; (ii) recording and reporting vehicle faults; (iii) identifying, assessing and rectifying all identified faults; (iv) periodic maintenance of the vehicle; and (c) keeping records relating to the operation of the management system; mass management standards and business rules means the standards and business rules for heavy vehicle mass management approved by the responsible Ministers; A copy of the mass management standards and business rules is published on the Regulator's website. mass management system, for an operator of a heavy vehicle, means the operator's management system for ensuring compliance with the mass management standards and business rules, including by— (a) identifying each heavy vehicle currently being operated in accordance with the management system; and (b) for each heavy vehicle being operated in accordance with the management system, having measures for the following: (i) weighing or otherwise assessing the weight of the vehicle and its load before the vehicle starts a journey, or starts a part of a journey, after the load is increased; (ii) recording each measurement made under subparagraph (i) in a form that allows the record to be readily available for inspection by an approved auditor; (iii) ensuring the vehicle's suspension system accords with the specifications given by its manufacturer or a qualified mechanical engineer; and (c) keeping records relating to the operation of the management system; relevant management system means— (a) for maintenance management accreditation—a maintenance management system; or (b) for mass management accreditation—a mass management system; or (c) for BFM accreditation—a BFM fatigue management system; or (d) for AFM accreditation—an AFM fatigue management system; relevant standards and business rules means— (a) for maintenance management accreditation—the maintenance management standards and business rules; or (b) for mass management accreditation—the mass management standards and business rules; or (c) for BFM accreditation—the BFM standards and business rules; or (d) for AFM accreditation—the AFM standards and business rules. Part 2—Grant of heavy vehicle accreditation 458—Regulator's power to grant heavy vehicle accreditation The Regulator may grant heavy vehicle accreditation. 459—Application for heavy vehicle accreditation (1) An operator of a heavy vehicle may apply to the Regulator for heavy vehicle accreditation under this Law. (b) accompanied by the following: (i) a statement by the applicant that the applicant has a relevant management system for ensuring compliance with the relevant standards and business rules; (ii) a statement from an approved auditor that the auditor considers the applicant's relevant management system will ensure compliance with the relevant standards and business rules; (iii) any other information required for the application under the relevant standards and business rules; (iv) the prescribed fee for the application. (3) The application must also be accompanied by a declaration by the applicant, declared to be made after having exercised reasonable diligence to find out the following information, of the applicant's knowledge of that information: (a) whether, in the 5 years immediately before the application was made, the applicant or an associate of the applicant has been convicted of any of the following offences and, if so, details of the conviction: (i) an offence against this Law or a previous corresponding law; (ii) an offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere; (b) whether the applicant or an associate of the applicant has had the applicant's or associate's accreditation under this Chapter or a previous corresponding law, amended, suspended or cancelled under this Chapter or that law and, if so, details of the amendment, suspension or cancellation. (4) Subsection (3)(b) does not require the applicant to declare information about an amendment, suspension or cancellation of an accreditation that happened because of a conviction if the operator is not required to declare the information about the conviction under subsection (3)(a). (5) The Regulator may, by notice given to the applicant, require the applicant— (a) to give the Regulator any additional information the Regulator reasonably requires to decide the application; or (b) to verify by statutory declaration any information relating to the application given to the Regulator. 460—Obtaining criminal history information about applicant (1) The Regulator may, by notice, ask an applicant for heavy vehicle accreditation under this Law for written consent for the Regulator to obtain the applicant's prescribed criminal history. (2) If the applicant does not consent, or withdraws his or her consent, to the Regulator obtaining the applicant's prescribed criminal history, the application is taken to have been withdrawn. (3) If the applicant gives written consent to the Regulator obtaining the applicant's prescribed criminal history, the Regulator may ask a police commissioner for a written report about the applicant's prescribed criminal history. (4) The request may include the following: (a) the applicant's name and any other name the Regulator believes the applicant may use or may have used; (b) the applicant's date and place of birth, gender and address. (5) The police commissioner must give the requested report to the Regulator. prescribed criminal history, of an applicant for heavy vehicle accreditation under this Law, means information about each conviction of the applicant, within the 5 years immediately before the application was made, of— (a) an offence against this Law or a previous corresponding law; or (b) an offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere. 461—Restriction on grant of heavy vehicle accreditation (1) The Regulator may grant an applicant heavy vehicle accreditation only if the Regulator is satisfied— (a) the applicant has in place a relevant management system for operations to be carried out under the accreditation; and (b) the applicant is able to comply with this Law, having regard to— (i) the information provided to the Regulator under this Part; and (ii) the matters to which the Regulator may or must have regard under subsection (4); and (c) the applicant is a suitable person to be granted the accreditation, having regard to— (i) the information provided to the Regulator under this Part; and (ii) the matters to which the Regulator may or must have regard under subsection (4); and (d) for AFM accreditation— (i) the driver fatigue management practices stated in the applicant's AFM fatigue management system, together with the maximum work times and minimum rest times that are to apply to drivers operating under the accreditation would, if complied with, safely manage the risk of driver fatigue; and (ii) the applicant and drivers operating under the accreditation are likely to follow the driver fatigue management practices consistently and effectively; and (iii) the drivers operating under the accreditation are likely to comply with the maximum work times and minimum rest times that are to apply to the drivers under the accreditation. (2) In considering the maximum work times and minimum rest times that are to apply to drivers operating under an AFM accreditation, the Regulator— (a) must be satisfied the maximum work times and minimum rest times appear to provide a safe balance between work, rest, risk management and fatigue countermeasures; and (b) must not set maximum work times and minimum rest times the Regulator considers would be unsafe, having regard to the applicant's AFM fatigue management system and any relevant body of fatigue knowledge. (3) The Regulator may grant an AFM accreditation setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant. (4) In deciding an application for a heavy vehicle accreditation, the Regulator— (a) may have regard to anything the Regulator considers relevant including— (i) the results of any audits carried out on the applicant's relevant management system; and (ii) for assessing an applicant's AFM fatigue management system—any relevant body of fatigue knowledge; and (b) must have regard to the approved guidelines for granting heavy vehicle accreditations under this Law. 462—Conditions of heavy vehicle accreditation (1) A heavy vehicle accreditation granted under this Law is subject to the condition that the operator who holds the accreditation must comply with the relevant standards and business rules. (2) A heavy vehicle accreditation granted under this Law may be subject to any other conditions the Regulator considers appropriate, including, for example— (a) a condition that a named person cannot operate under the operator's accreditation for a stated period; and (b) a condition that a named employee or associate of the operator cannot be involved in the operator's relevant management system at all or for a stated period; and (c) a condition requiring additional records to be kept, and audits to be performed, to ensure practices (for example, driver fatigue management practices) applying under the accreditation are followed consistently and effectively. 463—Period for which heavy vehicle accreditation applies (1) A heavy vehicle accreditation granted under this Law applies for the period stated in the accreditation certificate for the accreditation. (2) The period may be less than the period sought by the applicant for the heavy vehicle accreditation. (3) The maximum period for which the Regulator may grant heavy vehicle accreditation is 3 years. 464—Accreditation certificate for heavy vehicle accreditation etc (1) If the Regulator grants a heavy vehicle accreditation under this Law to an operator of a heavy vehicle, the Regulator must give the operator— (a) an accreditation certificate in the approved form; and (b) if prescribed circumstances apply to the grant of the accreditation—an information notice for the prescribed circumstances. (2) An accreditation certificate for a heavy vehicle accreditation must state the following: (a) the name of the operator who has been granted the accreditation; (b) the number identifying the accreditation; (c) any conditions imposed on the accreditation by the Regulator; (d) for an AFM accreditation, the maximum work times and minimum rest times that apply to drivers of fatigue‑regulated heavy vehicles operating under the accreditation; (e) the period for which the accreditation applies. prescribed circumstances, for a heavy vehicle accreditation, means the Regulator has— (a) imposed a condition on the accreditation that was not sought by the applicant for the accreditation; or (b) granted the accreditation for a period less than the period of not more than 3 years sought by the applicant for the accreditation; or (c) for AFM accreditation, granted the AFM accreditation setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant for the accreditation. 465—Refusal of application for heavy vehicle accreditation If the Regulator refuses an application for heavy vehicle accreditation, the Regulator must give the applicant an information notice for the decision to refuse the application. 466—Accreditation labels for maintenance management accreditation and mass management accreditation (1) If the Regulator grants maintenance management accreditation or mass management accreditation to an operator of a heavy vehicle, the Regulator must give the operator an accreditation label for each relevant vehicle for the accreditation. (2) If the operator amends the relevant management system to identify a new relevant vehicle for the accreditation— (a) the operator may ask the Regulator for an accreditation label for the new relevant vehicle; and (b) the Regulator must give the accreditation label to the operator. (2a) The operator must attach the accreditation label for a relevant vehicle to the vehicle in a way that the label— (a) is readable from outside the vehicle; and (b) is not wholly or partly obscured, defaced or otherwise not legible. (2b) A person must not drive a relevant vehicle if the vehicle's accreditation label— (a) is not attached to the vehicle; or (b) is attached to the vehicle in a way that the label is wholly or partly obscured, defaced or otherwise not legible. accreditation label, for a relevant vehicle for a maintenance management accreditation or mass management accreditation, means a label stating the number identifying the accreditation for attaching to the vehicle; relevant vehicle, for a maintenance management accreditation or mass management accreditation, means a vehicle identified in the relevant management system as currently being operated in accordance with the management system. Part 3—Operating under heavy vehicle accreditation 467—Compliance with conditions of BFM accreditation or AFM accreditation The holder of a BFM accreditation or AFM accreditation must comply with the conditions of the accreditation. 468—Driver operating under BFM accreditation or AFM accreditation must carry accreditation details (1) The driver of a heavy vehicle who is operating under a BFM accreditation or AFM accreditation must keep in the driver's possession— (a) a copy of the accreditation certificate for the accreditation; and (b) a document, signed by the operator of the vehicle who holds the accreditation, stating that the driver— (i) is operating under the operator's heavy vehicle accreditation; and (ii) has been inducted into the operator's relevant management system; and (iii) meets the requirements relating to drivers operating under the operator's heavy vehicle accreditation (if any); and (c) for a driver operating under AFM accreditation, a document stating the AFM hours applying under the accreditation. Example for the purposes of paragraph (c)— The driver records a statement of the AFM hours applying under the AFM accreditation in the driver's electronic work diary (which is a document). (2) Subsection (1) applies even if the driver and operator are the same person. (3) The operator of the vehicle must ensure the driver complies with subsection (1), unless the operator has a reasonable excuse. 469—Driver must return particular documents if stops operating under BFM accreditation or AFM accreditation etc (a) the driver of a heavy vehicle is operating under a BFM accreditation or AFM accreditation; and (b) the operator of the heavy vehicle has given the driver a document for the purposes of section 468(1); and (c) the driver— (i) stops operating under the operator's BFM accreditation or AFM accreditation; or (ii) no longer meets the requirements relating to drivers operating under the operator's BFM accreditation or AFM accreditation (if any). (2) The driver must return the document to the operator as soon as reasonably practicable. 470—General requirements applying to operator with heavy vehicle accreditation (1) This section applies to an operator of a heavy vehicle who holds a heavy vehicle accreditation. (2) If the accreditation is BFM accreditation or AFM accreditation, the operator must ensure each driver who operates under the accreditation— (a) is inducted into the operator's relevant management system; and (b) at all times, meets the requirements relating to drivers operating under the accreditation (if any). (3) If the accreditation is AFM accreditation, the operator must also ensure each driver who operates under the accreditation is informed of the AFM hours applying under the accreditation. (4) The operator must keep— (a) the accreditation certificate for the operator's heavy vehicle accreditation; and (b) if the operator's heavy vehicle accreditation is BFM accreditation or AFM accreditation— (i) a current list of drivers operating under the operator's accreditation; and (ii) records demonstrating the operator has complied with— (A) if the operator's heavy vehicle accreditation is BFM accreditation—subsection (2); or (B) if the operator's heavy vehicle accreditation is AFM accreditation—subsections (2) and (3); and (c) if the operator's heavy vehicle accreditation is mass management accreditation or maintenance management accreditation—a current list of heavy vehicles to which the operator's accreditation relates. (5) The operator must keep a document required to be kept under subsection (4) for the following period: (a) for an accreditation certificate—while the operator's heavy vehicle accreditation is current; (b) for each list or record made under subsection (4)(b) or (c)—at least 3 years after the list or record is made. (6) The operator must keep a document required to be kept under subsection (4) in a way that ensures it is— (a) readily accessible by an authorised officer at the place where the document is kept; and (b) reasonably capable of being understood by the authorised officer; and (c) capable of being used as evidence. (7) The Regulator may, by notice, require the operator to give the Regulator, in the form and within the time required by the Regulator— (a) a copy of the list mentioned in subsection (4)(b)(i) or (c); and (b) details of any change to the list. (8) The operator must comply with a requirement made under subsection (7), unless the operator has a reasonable excuse. (9) Subsection (4) to (6) do not apply in relation to— (a) an accreditation certificate given to the Regulator under section 472 or 476, unless the Regulator has returned it or given the operator a replacement accreditation certificate; or (b) an accreditation certificate that has been defaced, destroyed, lost or stolen, unless the Regulator has given the operator a replacement accreditation certificate. See section 477 for the requirement to apply to the Regulator for a replacement accreditation certificate for a defaced, destroyed, lost or stolen accreditation certificate. 471—Operator must give notice of amendment, suspension or ending of heavy vehicle accreditation (a) an operator of a heavy vehicle holds a heavy vehicle accreditation; and (b) the accreditation is amended or suspended, or the operator ceases to hold the accreditation. (2) The operator must as soon as practicable after the amendment, suspension or cessation happens give notice of the amendment, suspension or cessation to any driver of, or scheduler for, a heavy vehicle who may be affected by the amendment, suspension or cessation. (3) If the driver of a heavy vehicle is given a notice under subsection (2), the driver must, as soon as reasonably practicable, return to the operator any document relevant to the notice given to the driver by the operator for the purposes of section 468(1). Part 4—Amendment or cancellation of heavy vehicle accreditation 472—Amendment or cancellation of heavy vehicle accreditation on application (1) A person may apply to the Regulator for an amendment or cancellation of the person's heavy vehicle accreditation granted under this Law. (d) be accompanied by the accreditation certificate for the accreditation. (3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application. (c) if the Regulator amended the accreditation, the Regulator must give the applicant a replacement accreditation certificate for the accreditation as amended. (6) If the Regulator decides not to amend or cancel the accreditation as sought by the applicant, the Regulator must— (b) return the accreditation certificate to the applicant. 473—Amendment, suspension or cancellation of heavy vehicle accreditation on Regulator's initiative (1) Each of the following is a ground for amending, suspending or cancelling a heavy vehicle accreditation granted under this Law: (a) the accreditation was granted because of a document or representation that was— (b) the holder of the accreditation has contravened a condition of the accreditation; (c) the holder of the accreditation, or an associate of the holder, has been convicted of— (i) an offence against this Law or a previous corresponding law; or (ii) an offence involving fraud or dishonesty punishable on conviction by imprisonment of 6 months or more, whether committed in this jurisdiction or elsewhere; (d) since the accreditation was granted, there has been a change in the circumstances that were relevant to the Regulator's decision to grant the accreditation and, had the changed circumstances existed when the accreditation was granted, the Regulator would not have granted the accreditation, or would have granted the accreditation subject to conditions or different conditions; (e) for a maintenance management accreditation or mass management accreditation— (i) public safety has been endangered, or is likely to be endangered, because of the accreditation; or (ii) road infrastructure has been damaged, or is likely to be damaged, because of the accreditation; (f) for a BFM accreditation or AFM accreditation—public safety has been endangered, or is likely to be endangered, because of the accreditation; (g) the Regulator considers it necessary in the public interest. (2) If the Regulator considers a ground exists to amend, suspend or cancel a heavy vehicle accreditation granted under this Law (the proposed action), the Regulator must give the holder of the accreditation a notice— (d) if the proposed action is to amend the accreditation (including a condition of the accreditation)—stating the proposed amendment; and (e) if the proposed action is to suspend the accreditation—stating the proposed suspension period; and (f) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken. (3) If, after considering all written representations made under subsection (2)(f), the Regulator still considers a ground exists to take the proposed action, the Regulator may— (a) if the proposed action was to amend the accreditation—amend the accreditation, including, for example, by imposing additional conditions on the accreditation, in a way that is not substantially different from the proposed action; or (b) if the proposed action was to suspend the accreditation—suspend the accreditation for no longer than the period stated in the notice; or (c) if the proposed action was to cancel the accreditation— (i) amend the accreditation, including, for example, by imposing additional conditions on the accreditation; or (ii) suspend the accreditation for a period; or (iii) cancel the accreditation. (5) The decision takes effect— 474—Immediate suspension of heavy vehicle accreditation (a) a ground exists to suspend or cancel a heavy vehicle accreditation granted under this Law; and (b) it is necessary to suspend the accreditation immediately to prevent or minimise serious harm to public safety. (2) The Regulator may, by notice given to the holder, immediately suspend the heavy vehicle accreditation until the earliest of the following: (a) the Regulator gives the holder an information notice under section 473(4) and the decision takes effect under section 473(5); (c) the end of 56 days after the day the notice is given to the holder. (3) This section applies despite sections 472 and 473. 475—Minor amendment of heavy vehicle accreditation The Regulator may, by notice given to the holder of a heavy vehicle accreditation granted under this Law, amend the accreditation in a minor respect— Part 5—Other provisions about heavy vehicle accreditations 476—Return of accreditation certificate (1) If a person's heavy vehicle accreditation granted under this Law is amended, suspended or cancelled, the Regulator may, by notice, require the person to return the person's accreditation certificate to the Regulator. (2) The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period. (3) If the heavy vehicle accreditation has been amended, the Regulator must give the person a replacement accreditation certificate for the accreditation as amended. (4) If the heavy vehicle accreditation has been suspended, the Regulator must give the person the accreditation certificate for the accreditation or, if the accreditation has also been amended, a replacement accreditation certificate for the accreditation as amended, as soon as practicable after the suspension ends. 477—Replacement of defaced etc accreditation certificate (1) If a person's accreditation certificate for a heavy vehicle accreditation granted under this Law is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement accreditation certificate. See section 470 for the requirement to keep an accreditation certificate for a heavy vehicle accreditation while the accreditation is current. (2) If the Regulator is satisfied the accreditation certificate has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement accreditation certificate as soon as practicable. (3) If the Regulator decides not to give the person a replacement accreditation certificate, the Regulator must give the person an information notice for the decision. 478—Offences relating to auditors (1) A person must not falsely represent that the person is an approved auditor. (2) An approved auditor must not falsely represent that the person is an auditor of a particular approved class. (3) An approved auditor must not falsely represent that the person has audited an operator's relevant management system. (4) A person must not falsely represent the opinion of an approved auditor in relation to an operator's relevant management system. approved class means a class of auditors approved by the responsible Ministers under section 654. Chapter 9—Enforcement Part 1—General matters about authorised officers Division 1—Functions 479—Functions of authorised officers (1) An authorised officer has the following functions under this Law: (a) to monitor, investigate and enforce compliance with this Law; (b) to monitor or investigate whether an occasion has arisen for the exercise of powers under this Law; (c) to facilitate the exercise of powers under this Law. (2) Also, an authorised officer who is not a police officer has the function under this Law to provide advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations. Division 2—Appointment 480—Application of Division 2 481—Appointment and qualifications (1) The Regulator may, by instrument, appoint any of the following individuals as an authorised officer for the purposes of this Law: (a) an individual who is— (i) a member of the staff of the Regulator; or (ii) a person whose services are being used under an arrangement under section 685; or (iii) a consultant or contractor engaged by the Regulator under section 686; (b) an employee of the State; (c) an employee of a local government authority; (d) an individual of a class prescribed by the national regulations. (2) However, the Regulator may appoint a person as an authorised officer only if the Regulator is satisfied the person is qualified for appointment because the person has the necessary expertise or experience. 482—Appointment conditions and limit on powers (1) An authorised officer holds office on any conditions stated in— (a) the officer's instrument of appointment; or (b) a notice signed by the Regulator given to the officer; or (c) the national regulations. (2) The instrument of appointment, a signed notice given to the authorised officer, or the national regulations may limit the officer's powers. 483—When office ends (1) The office of a person as an authorised officer ends if any of the following happens: (a) the term of office stated in a condition of office ends; (b) under another condition of office, the office ends; (c) the officer's resignation under section 484 takes effect. (2) Subsection (1) does not limit the ways an authorised officer may cease to hold office. condition of office means a condition under which the authorised officer holds office. 484—Resignation (1) An authorised officer may resign by signed notice given to the Regulator. (2) However, if holding office as an authorised officer is a condition of the officer holding another office, the officer may not resign as an authorised officer without resigning from the other office. Division 3—Identity cards 485—Application of Division 3 486—Issue of identity card (1) The Regulator must issue an identity card to each authorised officer. (2) The identity card must— (a) contain a recent photo of the authorised officer; and (b) contain a copy of the authorised officer's signature; and (c) identify the person as an authorised officer for the purposes of this Law; and (d) state the identification number allocated to the authorised officer; and (e) state an expiry date for the card. (3) This section does not prevent the issue of a single identity card to a person for the purposes of this Law and other purposes. 487—Production or display of identity card (1) In exercising a power in relation to a person in the person's presence, an authorised officer must— (a) produce the officer's identity card for the person's inspection before exercising the power; or (b) have the identity card displayed so it is clearly visible to the person when exercising the power. (2) However, if it is not practicable to comply with subsection (1), the authorised officer must produce the identity card for the person's inspection at the first reasonable opportunity. (3) For the purposes of subsection (1), an authorised officer does not exercise a power in relation to a person only because the officer has entered a place as mentioned in section 495(1)(b) or 497(1)(b) or (d). Sections 505 and 510 include provisions requiring the production of identification by an authorised officer in circumstances mentioned in those sections. 488—Return of identity card If the office of a person as an authorised officer ends, the person must return the person's identity card to the Regulator within 21 days after the office ends unless the person has a reasonable excuse. Division 4—Miscellaneous provisions 489—References to exercise of powers If— (a) a provision of this Chapter refers to the exercise of a power by an authorised officer; and (b) there is no reference to a specific power, the reference is to the exercise of all or any authorised officers' powers under this Chapter or a warrant, to the extent the powers are relevant. 490—Reference to document includes reference to reproduction from electronic document A reference in this Chapter to a document includes a reference to an image or writing— (a) produced from an electronic document; or (b) not yet produced, but reasonably capable of being produced from an electronic document, with or without the aid of another article or device. 491—Use of force against persons (1) This Chapter does not authorise— (a) an authorised officer (or a person assisting or otherwise acting under the direction or authority of an authorised officer) to use force against a person in the exercise or purported exercise of a function under this Chapter; or (b) without limiting paragraph (a), a warrant to be issued under this Chapter authorising a person to use force against a person. (2) However, subsection (1) does not affect the powers of a police officer to the extent (if any) the police officer is authorised to use force against a person under the Application Act of this jurisdiction. (3) This section has effect despite any other provision of this Chapter in relation to the use of force against a person, even if the other provision is expressed as authorising the use of force for the purposes of the provision. 492—Use of force against property (1) A power to use force against property under another section of this Chapter in the exercise or purported exercise of a function in relation to this jurisdiction cannot be exercised by an authorised officer (or a person assisting or otherwise acting under the direction or authority of the authorised officer) unless— (a) the authorised officer is a police officer; or (b) exercise of the power to use force is authorised under the Application Act of this jurisdiction. (2) Subsection (1)— (a) has effect despite any other section of this Chapter in relation to the use of force against property, even if the other section is expressed as authorising the use of force for the purposes of the section; but (b) does not affect any prohibition or restriction on a power to use force set out in the other section. (3) Subsections (1) and (2) apply to a power to use force against property whether the power is express or implied. (4) Despite subsections (1) to (3) and any other section of this Chapter, this Chapter does not preclude the inclusion of additional circumstances in the Application Act of this jurisdiction in which an authorised officer, whether or not a police officer, may use force against property in the exercise or purported exercise of a function under this Chapter in relation to this jurisdiction. 493—Exercise of functions in relation to light vehicles (1) This Chapter does not authorise the exercise of any function under this Chapter in relation to a vehicle that is not a heavy vehicle. (2) However, a function under this Chapter may be exercised in relation to— (a) a pilot vehicle or escort vehicle; or (b) a vehicle to the extent (if any) that it is reasonably necessary for the purpose of determining if the vehicle is or is not a heavy vehicle. Part 2—Powers in relation to places 494—Definitions for Chapter 9 Part 2 (1) In this Part— place of business, of a responsible person for a heavy vehicle, means a place— (a) at or from which the person carries on a business; or (b) occupied by the person in connection with a business carried on by the person; or (c) that is the registered office of the person if the person is a body corporate; relevant place means— (a) a place of business of a responsible person for a heavy vehicle; or (b) the relevant garage address of a heavy vehicle; or (c) the base of the driver or drivers of a heavy vehicle; or (d) a place where records required to be kept under this Law or a heavy vehicle accreditation are located or are required to be located under this Law or a heavy vehicle accreditation; residence, that is a relevant place, means a place or part of a place mentioned in the definition of relevant place used predominantly for residential purposes. (2) For the purposes of this Part, a place or part of a place is taken not to be used for residential purposes merely because temporary or casual sleeping or other accommodation is provided there for drivers of heavy vehicles.