HEAVY VEHICLE NATIONAL LAW AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 91 Insertion of new s 570A

HEAVY VEHICLE NATIONAL LAW AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 91

91 Insertion of new s 570A

Part 9.4, Division 4—

insert—

570A Requiring information

(1) This section applies if an authorised officer reasonably believes a person is capable of giving written or oral information—

(a) in relation to a possible contravention of a duty under section 26C; or

(b) that will assist the authorised officer to monitor or enforce compliance with the duty under section 26C.

(2) The authorised officer may, by notice, require the person to give the information to the authorised officer.

(3) If the authorised officer, despite reasonable diligence, has not been able to obtain the information under subsection (2), the authorised officer may, by notice given to the person, require the person to give the information to a person appointed by the authorised officer.

(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 written information—the time and way, that is reasonable in the circumstances, in which the person must give the information; and

(c) if the notice requires the person to give oral information—

(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

(d) the effect of—

(i) subsections (7) and (8); and

(ii) section 735A.

(5) The person must comply with a requirement under this section, unless the person has a reasonable excuse.

Penalty—

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.

(7) However, the following information is not admissible as evidence against an individual in a civil or criminal proceeding, other than a proceeding for false or misleading information—

(a) information that the individual gives in complying with a requirement under this section;

(b) information that is directly or indirectly derived from information 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.