HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 570A
Requiring information
HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 570A
Requiring information
570A Requiring information
(1) This section applies if an authorised officer reasonably believes that a
person is capable of giving information, providing documents or giving
evidence--
Note--: Section 17
of Schedule 1 and section 490 deal with the production of documents and other
information kept electronically.
(2) The authorised officer may, by notice,
require the person to give the information, documents or evidence to the
authorised officer.
(3) If the authorised officer, despite reasonable
diligence, has not been able to obtain the information, documents or evidence
under subsection (2), the authorised officer may, by notice given to the
person, require the person to do either or both of the following--
(a) give
information or produce documents to the authorised officer within the time and
in the way stated in the notice;
(b) appear before a person appointed by the
authorised officer on a day, and at a time and place, stated in the notice and
give oral evidence.
(4) The notice must state--
(a) that--
(i) the
requirement is made under this section; and
(ii) failing to comply with the
requirement is an offence; and
(b) if the notice requires the person to give
information or produce documents to the authorised officer--the time and way,
that is reasonable in the circumstances, in which the person must give the
information or documents; and
(c) if the notice requires the person to give
oral evidence--
(i) the day, time and place, that is reasonable in the
circumstances, for the person to appear before the person appointed by the
authorised officer; and
(ii) that the person may appear with an Australian
legal practitioner; and
(5) The person must comply with a requirement under this
section, unless the person has a reasonable excuse.
: Maximum penalty--$10000.
(6) It is not a reasonable excuse for the person to fail to comply with a
requirement made under this section on the ground that complying with the
requirement might tend to incriminate the person or make the person liable to
a penalty.
Note--: Section 587 also deals with self-incrimination when
complying with a requirement of an authorised officer.
(7) However, the
following information, documents and evidence are not admissible as evidence
against an individual in a civil or criminal proceeding, other than a
proceeding for false or misleading information--
(a) information, documents
and evidence that the individual gives in complying with a requirement under
this section;
(b) information, documents and evidence that is directly or
indirectly derived from information, documents or evidence mentioned in
paragraph (a).
(8) An authorised officer may act under this section only if--
(a) for an authorised officer who is a police officer--the officer has the
relevant police commissioner's written authority to act under this section; or
(b) for an authorised officer who is not a police officer--the officer's
instrument of appointment provides that the authorised officer may act under
this section.
