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Road Traffic Act 1961
Subdiv 9Miscellaneous
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Subdivision 9—Miscellaneous
41H—Power to use force against persons to be exercised only by police officers
A provision of this Division that authorises a person to use reasonable force does not authorise a person who is not a police officer to use force against a person.
41I—Various powers may be exercised on same occasion
(1) An authorised officer may exercise various powers under road laws on the same occasion, whether the exercise of the powers is for the same purpose or different purposes and whether the opportunity to exercise 1 power arises only as a result of the exercise of another power.
road law includes—
(a) the Heavy Vehicle National Law (South Australia); and
(b) the Heavy Vehicle National Regulations (South Australia); and
(c) Part 2 Divisions 4 and 5 of the Heavy Vehicle National Law (South Australia) Act 2013; and
(d) the local regulations as defined in the Heavy Vehicle National Law (South Australia) Act 2013.
41J—Restoring vehicle or premises to original condition after action taken
If—
(a) an authorised officer or a person authorised by the officer takes any action in the exercise or purported exercise of any power under this Division in relation to a vehicle or its equipment or load or in relation to any premises; and
(b) damage was caused by the unreasonable exercise of the power or by the use of force that was not authorised under this Division,
the officer must take reasonable steps to return the vehicle, equipment, load or premises to the condition it was in immediately before the action was taken or, instead, at the option of the operator of the vehicle or the occupier of the premises, the Crown must pay reasonable compensation for the damage caused to the vehicle, equipment, load or premises.
41K—Self-incrimination
(1) It is not an excuse for a person to refuse or fail to provide or produce any information, document, record, device or other thing in compliance with a direction under this Division on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.
(2) If compliance by a natural person with a direction under this Division to provide or produce any information, document, record, device or other thing might tend to incriminate the person or make the person liable to a penalty, then—
(a) in the case of a person who is directed to produce any document, record, device or other thing—the fact of production (as distinct from the contents of the document, record, device or other thing); or
(b) in any other case—the information provided in compliance with the direction,
is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).
41L—Providing evidence to other authorities
Any records, devices or other things seized under this Act, or any information obtained under this Act, may, for the purposes of law enforcement, be given to any public authority of any jurisdiction (including any corresponding Authority) considered appropriate by the Minister or the Commissioner of Police, but only after consultation with the public authority concerned.
41M—Obstructing or hindering authorised officers
A person commits an offence if—
(a) an authorised officer is exercising a power under a road law; and
(b) the person obstructs or hinders the officer in the exercise of the power.
41N—Impersonating authorised officers
A person commits an offence if the person impersonates an authorised officer.
41O—Division not to affect other powers
This Division does not derogate from any other law that confers powers on a police officer or on any other authorised officer.