Subdiv 5Other directions

Subdivision 5—Other directions 40V—Direction to give name and other personal details personal details, in relation to a person, means— (a) the person's full name; and (b) the person's date of birth; and (c) the address of where the person is living; and (d) the address of where the person usually lives; and (e) the person's business address. (2) If an authorised officer suspects on reasonable grounds that a natural person whose personal details are unknown to the officer— (a) is or may be a responsible person; or (b) has committed or is committing or is about to commit an Australian road law offence; or (c) may be able to assist in the investigation of an Australian road law offence or a suspected Australian road law offence; or (d) is or may be the driver or other person in charge of a vehicle that has been or may have been involved in an accident, the officer may direct the person to give the officer then and there any or all of the person's personal details. (3) If an authorised officer suspects on reasonable grounds that a personal detail given by a person in response to a direction is false or misleading, the officer may direct the person to produce evidence then and there of the correctness of the detail. (a) the person is subject to a direction under subsection (2) or (3); and (b) the person— (i) engages in conduct that results in a contravention of the direction; or (ii) gives any detail that is false or misleading in a material particular in purported response to the direction; or (iii) produces any evidence that is false or misleading in a material particular in purported response to the direction. (5) Subsection (4)(b)(iii) does not apply if the person has a reasonable excuse. (6) In proceedings for an offence of contravening a direction under subsection (2) in relation to a failure to state a business address, it is a defence if the person charged establishes 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 vehicles. 40W—Direction to produce records, devices or other things (1) An authorised officer may, for compliance purposes, direct any responsible person to produce— (a) any records required to be kept 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 (ii) ownership, insurance or registration of a vehicle; or (iii) any load or equipment carried or intended to be carried by a vehicle (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 or is not 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, when and to whom the records, devices or other things are to be produced. (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. (5) Subsection (4) does not apply if the person has a reasonable excuse. 40X—Direction to provide information (1) An authorised officer may, for compliance purposes, direct a responsible person to provide information to the officer about a vehicle or any load or equipment carried or intended to be carried by a vehicle. (2) Without limiting the above, a direction under subsection (1) may require a responsible person who is associated with a particular vehicle to do any or all of the following: (a) to state the name, home address and business address of— (i) other responsible persons of specified types who are associated with the vehicle; and (ii) if so requested, in the case of a combination, the registered operator of each vehicle in the combination; (b) to provide information about the current or intended trip of the vehicle, including— (i) the location of the start or intended start of the trip; and (ii) the route or intended route of the trip; and (iii) the location of the destination or intended destination of the trip. (b) the person— (i) engages in conduct that results in a contravention of the direction; or (ii) the person provides any information that is false or misleading in a material particular in purported response to the direction. (4) In proceedings for an offence of contravening a direction under subsection (1), it is a defence if the person charged establishes that the person did not know and could not be reasonably expected to know or ascertain the required information. (5) In proceedings for an offence of contravening a direction under subsection (1) in relation to a failure to state another person's business address, it is a defence if the person charged establishes that— (a) the other person did not have a business address; or (b) the other person's business address was not connected (directly or indirectly) with road transport involving vehicles. 40Y—Direction to provide reasonable assistance for powers of inspection and search (1) An authorised officer may direct a responsible person to provide assistance to the officer to enable the officer effectively to exercise a power under Subdivision 4. (2) Without limiting the above, the assistance may include helping the officer to do any or all of the following: (a) to find and gain access to any records or information, including, but not limited to, electronically stored information; (b) to weigh or measure— (i) the whole or any part of a vehicle, including an axle or axle group; or (ii) the whole or any part of its equipment or load; (c) to operate equipment or facilities for a purpose relevant to the power being or proposed to be exercised; (d) to provide access free of charge to photocopying equipment for the purpose of copying any records or other material. (3) This section authorises the giving of a direction to start or stop the engine of a vehicle, but not otherwise to drive the vehicle. (4) A direction— (a) can only be given in relation to a power under Subdivision 4 (the principal power) while the principal power can lawfully be exercised; and (b) ceases to be operative if the principal power ceases to be exercisable. (6) Subsection (5) does not apply if— (a) the direction is unreasonable; or (b) without limiting the above, the direction or its subject-matter is outside the scope of the business or other activities of the person. (7) If the responsible person to whom a direction to start or stop the engine of a vehicle is given under this section fails to comply with the direction or no responsible person is available or willing to do so, the officer may— (a) enter the vehicle and start or stop its engine; or (b) authorise any other person to do so. 40Z—Provisions relating to starting or stopping engine (1) This section applies to a person (the authorised person) who is— (a) a responsible person to whom a direction is given by an officer under section 40Y; or (b) an officer authorised by section 40Y(7) to start or stop the engine of a vehicle; or (c) a person authorised by an officer under section 40Y(7) to start or stop the engine of a vehicle. (2) The authorised person may start or stop the engine even though the person is not qualified to drive the vehicle, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle who is more capable of starting or stopping the engine than the authorised person and who is fit and willing to start or stop the engine. (3) The authorised person may use reasonable force in complying with the direction to start or stop the engine or when acting under the authority of section 40Y(7) to start or stop the engine. (4) It is immaterial that the authorised person is not authorised to start or stop the engine. (5) The authorised person is, in complying with the direction to start or stop the engine or when acting under the authority of section 40Y(7) to start or stop the engine, exempt from any other road law to the extent that the other law would require the authorised person to be licensed or otherwise authorised to do so. 41—Manner of giving directions under Subdivision (1) A direction under this Subdivision may be given orally, in writing or in any other manner. (2) A direction not given in person may be sent or transmitted by post, telephone, facsimile, electronic mail, radio or in any other manner. 41A—Directions to state when to be complied with (1) If given orally, a direction under this Subdivision must state whether it is to be complied with then and there or within a specified period. (2) If given in writing, a direction under this Subdivision must state the period within which it is to be complied with.