44Direction to produce records, devices or other things

44 Direction to produce records, devices or other things

(1) An authorised officer or police officer may, for compliance purposes, direct any responsible person to produce: (a) any records required to be kept by or under an Australian road law; or (b) any records comprising transport documentation or journey documentation in the person’s possession or under the person’s control; or (c) any records, or any devices or other things that contain or may contain records, in the person’s possession or under the person’s control relating to or indicating: (i) the use, performance or condition of a vehicle or combination; or (ii) ownership, insurance or registration of a vehicle or combination; or (iii) any load or equipment carried or intended to be carried by a vehicle or combination (including insurance of any such load or equipment); or (d) any records, or any devices or other things that contain or may contain records, in the person’s possession or under the person’s control demonstrating that a vehicle’s garage address recorded in the relevant register is the vehicle’s actual garage address. (2) The direction must: (a) specify: (i) the records, devices or other things; or (ii) the classes of records, devices or other things; that are to be produced; and (b) state where and to whom the records, devices or other things are to be produced.

Note: Section 49 (Directions to state when to be complied with) deals with the time for compliance.

(3) The officer may do any or all of the following: (a) inspect records, devices or other things that are produced; (b) make copies of, or take extracts from, records, devices or other things that are produced; (c) seize and remove records, devices or other things that are produced that the officer believes on reasonable grounds may on further inspection provide evidence of an Australian road law offence. (4) A person commits an offence if: (a) the person is subject to a direction under subsection (1); and (b) the person engages in conduct that results in a contravention of the direction. Reasonable excuse (5) Subsection (4) does not apply if the person has a reasonable excuse. (6) The person charged bears an evidential burden in relation to the matter in subsection (5). Nature of offence (7) The offence is an offence of strict liability.