New South Wales Consolidated Acts

MOTOR DEALERS ACT 1974 - SECT 23

23 Inspection of registers

(1) A register required to be kept pursuant to this Part may, at any time during which a place of business at which the register is required to be kept or to be able to be accessed is open for business, be inspected, and copies of all or any part of any entry in the register taken, by an authorised officer.

(2) An authorised officer may, for the purposes of inspecting and of taking copies of all or any part of any entry in a register required to be kept pursuant to this Part, take and retain possession of the register if the authorised officer supplies the person who is required to keep the register with a blank duplicate register.

(3) Until a register taken by an authorised officer is returned, an entry required to be made in the register under this Part shall not be required to be so made, but shall be made in the duplicate register supplied by the authorised officer under subsection (2).

(4) Forthwith after a register, taken under subsection (2), is returned to the person who is required to keep the register, that person shall:

(a) transfer each entry made in the duplicate register to the register so returned, and sign his or her name to each entry so transferred, and

(b) return the duplicate register to an authorised officer.

(5) Subject to subsection (6):

(a) the holder of a licence who, on demand made in accordance with subsection (1), refuses or neglects to produce a register required to be kept by the holder pursuant to this Part to an authorised officer, or

(b) a person who wilfully obstructs an authorised officer while acting in the exercise of any powers conferred on the authorised officer under that subsection or subsection (2),

is guilty of an offence.

(6) The holder of a licence is not required under this section to produce a register, required to be kept by the holder pursuant to this Part, to an authorised officer unless the authorised officer produces evidence of his or her appointment or authority, if requested to do so.