Div 4Enforcement officers for Australian road laws

Division 4—Enforcement officers for Australian road laws 35—Appointment of authorised officers (1) The Minister may, by instrument in writing, appoint— (a) a specified person to be an authorised officer; or (b) persons of a specified class to be authorised officers. (2) An authorised officer may but need not be an employee in the public service or an employee of a government or government body. (3) An authorised person as defined in the Local Government Act 1999 is an authorised officer under this Act for the purposes of— (a) enforcing prescribed provisions of this Act in the area of the council for which the person is an authorised person; or (b) exercising the powers of an authorised officer under prescribed provisions of this Act in the area of the council for which the person is an authorised person. (4) Every person for the time being in charge of a ferry established by a council or established, maintained or operated by the Commissioner of Highways is an authorised officer under this Act. (5) Without limiting the above, an authorised officer as defined in a corresponding road law may be appointed as an authorised officer under this section. (6) An appointment under this section may be subject to conditions, including— (a) conditions limiting the exercise of powers by the authorised officer to the enforcement of specified provisions of the Act or the enforcement of the Act within a specified area of the State; and (b) conditions on the exercise of powers conferred on authorised officers by a road law. (7) The Minister may, at any time, by instrument in writing applicable to a specified authorised officer or each authorised officer of a specified class— (a) impose conditions of a kind referred to in subsection (6); or (b) vary or revoke such conditions. 37—Exercise of powers by police officers A police officer has the powers conferred on police officers by a road law in addition to the officer's powers under other Acts or at law. 38—Identity cards (1) Subject to this section, the Minister must issue an authorised officer with an identity card. (2) The Minister is not required to issue an identity card if— (a) the authorised officer is a police officer; or (b) the Minister has designated a card issued to an authorised officer, or to a class of authorised officers, by another person, body or authority (whether or not of this State) as an identity card for the purposes of this Act. (3) An identity card issued under this section must— (a) contain a recent photograph of the authorised officer; and (b) identify the person as an authorised officer for the purposes of this Act; and (c) specify the identification number issued to the authorised officer by the Minister. 39—Production of identification (1) This section applies to powers conferred on authorised officers under a road law, but only if the physical presence of an officer at the scene is necessary for the exercise of the power. (2) An authorised officer (other than a police officer) must not exercise a power unless an identity card has been issued to, or designated for, the officer. (3) An authorised officer (other than a police officer) who is exercising or about to exercise a power is required to comply with a request to identify themself, by producing the officer's identity card. (4) A police officer who is exercising or about to exercise a power is required to comply with a request to identify themself, by— (a) producing the officer's police identification; or (b) stating orally or in writing the officer's surname, rank and identification number. (5) An authorised officer is required to comply with a requirement under subsection (3) or (4)— (a) immediately; or (b) if it is not practicable to comply with the requirement immediately—as soon as practicable afterwards. (6) An authorised officer need only identify themself once to a particular person during the course of an incident, even though more than one power is being exercised during the course of the incident. incident means— (a) a single incident; or (b) a connected series of incidents involving the same or substantially the same parties and occurring during a period of 72 hours; power means a power under an Australian road law; request, in relation to the exercise of a power, means a request made by a person (if any) in respect of whom the power is being or is about to be exercised. 40—Return of identity cards (a) the Minister has issued an identity card to the person; and (b) the person was but has stopped being an authorised officer; and (c) the Minister has requested the person to return the card to the Minister within a specified period; and (d) the person did not return the card during the period. (2) Subsection (1) does not apply if the person has a reasonable excuse. 40B—Registrar may exercise powers of authorised officers (1) The Registrar of Motor Vehicles may exercise any power conferred under a road law on an authorised officer. (2) Accordingly, in this Act (except this Division) references to an authorised officer include references to the Registrar of Motor Vehicles.