47Production of documents by drivers and persons in charge of vehicles

47 Production of documents by drivers and persons in charge of vehicles

(1)  If a police officer or an authorised officer asks the driver of a motor vehicle to produce for inspection a document that is required under this or any other Act to be carried by the driver while driving or to be carried in or on the vehicle, the driver must produce the document forthwith for inspection by the officer.

Penalty:  Fine not exceeding 10 penalty units.

(2)  [Section 47 Subsection (2) omitted by No. 33 of 2002, s. 7, Applied:01 Dec 2002] .  .  .  .  .  .  .  .  

(3)  If a police officer or an authorised officer asks a person apparently in charge of a motor vehicle (other than the driver) to produce for inspection a document that is required under this or any other Act to be carried in or on the vehicle, the person must produce the document forthwith for inspection by the officer.

Penalty:  Fine not exceeding 10 penalty units.

(4)  If the driver or other person asked to produce a document for inspection does not have it available for production when asked by a police officer or an authorised officer to produce it, the driver or other person must produce it for inspection within 7 days of the date of the request at a police station or other place nominated by the officer.

Penalty:  

(a) if the document was required to be carried by the convicted person or in the motor vehicle but was not so carried – a fine not exceeding 10 penalty units; and

(b) in any other case – a fine not exceeding 5 penalty units.

(5)  It is a defence to a charge of an offence against this section to establish –

(a) that –

(i) the relevant document had been lost or destroyed; and

(ii) it was impracticable in the circumstances to have a replacement document available for inspection at the time of the request; and

(iii) [Section 47 Subsection (5) amended by No. 71 of 2001, s. 13, Applied:01 Jan 2002] the defendant gave the Registrar or the Commission a statutory declaration setting out the circumstances of the loss or destruction of the document within 7 days after the date of the request for its production; or