sec.128Power to require information from certain persons

### sec.128 Power to require information from certain persons This section applies if an authorised person reasonably suspects— a relevant offence has been committed; and the offence relates to— the construction, operation, maintenance or repair of a vehicle or a railway; or the provision of a public passenger service; and a person may be able to give information about the offence. The authorised person may require the person to give information about the offence. Also, the authorised person may, by written notice, require the person to attend the office of the authorised person at a stated reasonable time to give the information. When making a requirement under subsection (2) or (2A) , the authorised person must warn the person it is an offence to fail to give the information or attend at the time and place stated in the notice unless the person has a reasonable excuse. The person must comply with a requirement under subsection (2) or (2A) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units. It is a reasonable excuse for the person to fail to give information if giving it might tend to incriminate the person. The person does not commit an offence against this section if the information sought by the authorised person is not in fact relevant to the offence. In this section— information includes a document. a copy of a recording made by a vehicle’s security camera s 128 amd 1997 No. 66 s 102 ; 2004 No. 9 s 31 ; 2016 No. 13 s 3A ; 2019 No. 24 s 113 ; 2024 No. 2 s 30 (sec.128-ssec.1) This section applies if an authorised person reasonably suspects— a relevant offence has been committed; and the offence relates to— the construction, operation, maintenance or repair of a vehicle or a railway; or the provision of a public passenger service; and a person may be able to give information about the offence. (sec.128-ssec.2) The authorised person may require the person to give information about the offence. (sec.128-ssec.2A) Also, the authorised person may, by written notice, require the person to attend the office of the authorised person at a stated reasonable time to give the information. (sec.128-ssec.3) When making a requirement under subsection (2) or (2A) , the authorised person must warn the person it is an offence to fail to give the information or attend at the time and place stated in the notice unless the person has a reasonable excuse. (sec.128-ssec.4) The person must comply with a requirement under subsection (2) or (2A) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units. (sec.128-ssec.5) It is a reasonable excuse for the person to fail to give information if giving it might tend to incriminate the person. (sec.128-ssec.6) The person does not commit an offence against this section if the information sought by the authorised person is not in fact relevant to the offence. (sec.128-ssec.7) In this section— information includes a document. a copy of a recording made by a vehicle’s security camera - (a) a relevant offence has been committed; and - (b) the offence relates to— (i) the construction, operation, maintenance or repair of a vehicle or a railway; or (ii) the provision of a public passenger service; and - (i) the construction, operation, maintenance or repair of a vehicle or a railway; or - (ii) the provision of a public passenger service; and - (c) a person may be able to give information about the offence. - (i) the construction, operation, maintenance or repair of a vehicle or a railway; or - (ii) the provision of a public passenger service; and