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Road Transport (General) Act 1999
60Police officer or authorised person may require people to
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60 Police officer or authorised person may require people to
disclose identity of driver
(1) If the driver of a motor vehicle is alleged to have committed an
offence against the road transport legislation—
(a) the responsible person for the vehicle, or the person in
possession of the vehicle, must, when required to do so by a
police officer or authorised person, give information (which
must, if so required, be given in the form of a written statement
signed by the person) about the name and home address of the
driver at the time of the offence; and
(b) anyone else must, when required to do so by a police officer or
authorised person, give any information that the person can give
that may lead to the identification of the driver.
Maximum penalty:
(a) for an offence against the Road Transport (Safety and Traffic
Management) Act 1999, section 5C (Failing to stop motor
vehicle for police), for a first offender—100 penalty units,
imprisonment for 12 months or both; or
(b) for an offence against the Road Transport (Safety and Traffic
Management) Act 1999, section 5C, for a repeat offender—
300 penalty units, imprisonment for 3 years or both; or
(c) in any other case—20 penalty units.
(2) It is a defence to a prosecution for an offence against
subsection (1) (a) if the defendant establishes that the defendant did
not know and could not with reasonable diligence have found out the
driver’s name and home address.
(3) If—
(a) a written statement purporting to be given under
subsection (1) (a) is produced in court in a prosecution of the
person named in the statement as the driver of a vehicle at the
time of an alleged offence against the road transport legislation;
and
(b) the person does not appear before the court; and
(c) a copy of the statement was served on the person before the
proceeding was begun;
the statement is evidence without proof of signature that the named
person was the driver of the vehicle at that time.