59Seizure of licences

59 Seizure of licences (1) A police officer or authorised person may, with no authority other than this section, seize an Australian driver licence, public vehicle driver authority card or external driver licence, or anything resembling an Australian driver licence, public vehicle driver authority card or external driver licence, if— (a) it is produced to the police officer or authorised person by someone representing it to be the person’s Australian driver licence, public vehicle driver authority card or external driver licence; and (b) the police officer or authorised person suspects on reasonable grounds— (i) that it has been obtained in contravention of the Road Transport (Driver Licensing) Act 1999, section 29 (Obtaining licence by false statements etc), a corresponding law (within the meaning of that Act) or the law of an external territory or foreign country; or (ii) that it is unlawfully in the person’s possession; or

(iii) that it is required to be returned or surrendered to the road transport authority under the road transport legislation; or (iv) that it is defaced or altered. (2) If a person produces an Australian driver licence or external driver licence, or anything resembling an Australian driver licence or external driver licence, to a police officer or authorised person and represents it to be the person’s Australian driver licence or external driver licence, the police officer or authorised person may provide the person with adequate writing materials and require the person to provide a specimen of his or her signature on the form approved under section 225 for this subsection or in a way prescribed by regulation. (3) A person must not, without reasonable excuse, fail to comply with a request under subsection (2). (4) The grounds on which a suspicion may be formed, sufficient to authorise the seizure of an Australian driver licence, public vehicle driver authority card or external driver licence or anything else (the licence or article) under this section, include (but are not limited to) 1 or more of the following: (a) a lack of resemblance between the person shown in a photograph attached to or forming part of the licence, card or article, purporting to be a photograph of the holder, and the person who produced it; (b) a lack of resemblance between a signature on the licence or article, purporting to be the signature of the holder, and a specimen signature provided by the person who produced the licence or article; (c) a refusal by the person, after producing the licence or article, to comply with a requirement under subsection (2).

(5) An Australian driver licence, public vehicle driver authority card, external driver licence or anything else seized under this section must be given to the road transport authority as soon as practicable (but within 14 days) after the seizure. (6) If the road transport authority is satisfied that an Australian driver licence, public vehicle driver authority card or external driver licence given to the authority was lawfully in the possession of the person who produced it, the authority must return it to the person. (7) The road transport authority may deal with anything else given to the authority under this section in the way the authority considers (8) In this section: public vehicle driver authority card—see the Road Transport (Driver Licensing) Regulation 2000, dictionary.