STATUTES AMENDMENT (ROAD TRANSPORT COMPLIANCE AND ENFORCEMENT) BILL 2006

Part 3—Amendment of Road Traffic Act 1961

(1) Section 5(1)—after the definition of air-cushioned vehicle insert:

approved road transport compliance scheme means a scheme, agreement or arrangement that—

(a) is prescribed by the regulations; or

(b) is identified by, or is of a class identified by, the regulations,

and that makes provision for compliance with and enforcement of any Australian road laws, including (for example) a scheme, agreement or arrangement that provides for—

(d) an intelligent transport system; or

(e) a system applying alternative legal entitlements to those otherwise applicable, such as one based on performance-based standards;

(2) Section 5(1)—after the definition of articulated motor vehicle insert:

associate—see section 9;

Australian Authority means the Minister, the Registrar of Motor Vehicles or a corresponding Authority;

Australian police officer means—

(a) a police officer; or

(b) a member (however described) of the police force or police service of another jurisdiction;

Australian road law means a road law or a corresponding road law;

Australian road law offence means an offence against an Australian road law;

(3) Section 5(1)—after the definition of Australian Road Rules insert:

authorised officer means a person appointed as an authorised officer, or of a class of persons appointed as authorised officers, under Part 2 Division 4;

(4) Section 5(1)—after the definition of axle group insert:

base of a driver—see section 8;

(5) Section 5(1)—after the definition of bicycle insert:

body corporate includes the Crown in any capacity and any body or entity that is not a natural person;

breach of a mass, dimension or load restraint requirement , breach of a mass, dimension or load restraint requirement in this State and breach of a mass, dimension or load restraint requirement in another jurisdiction—see section 119;

breach of a vehicle standards or maintenance requirement —see section 116;

(6) Section 5(1)—after the definition of bus insert:

capabilities of a vehicle means the functional capabilities of the vehicle or any of its components, as determined by the vehicle’s manufacturer or by an Australian Authority, and includes—

(a) its GCM and GVM; and

(b) its speed capabilities;

(7) Section 5(1)—after the definition of condition insert:

conduct means an act or an omission to perform an act;

consignee of goods that are transported by road means—

(a) a person who, with the person’s authority, is named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the transport of the goods by road; or

(b) a person who is to actually receive the goods after completion of their transport by road,

but does not include a person who is to merely unload the goods;

consignor of goods that are transported by road means—

(a) a person who, with the person’s authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods by road; or

(b) a person who engaged the operator of the vehicle concerned, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or

(d) a person who loaded the vehicle with the goods, for transport by road, at a place where goods in bulk are stored or temporarily held and that is unattended (except by the driver of the vehicle, a trainee driver or any person necessary for the normal operation of the vehicle) during loading; or

(e) if the transport of the goods by road followed their import into Australia—a person who imported the goods into Australia;

container weight declaration means a declaration referred to in Part 4 Division 3B Subdivision 5, and includes a copy of such a declaration or a version of such a declaration in electronic or other form;

contravene includes fail to comply with;

corresponding Authority means—

(a) the Authority as defined in a corresponding road law (except in the case of a jurisdiction for which a declaration is made under paragraph (b)); or

(b) a person declared under the regulations to be the corresponding Authority for another jurisdiction for the purposes of this Act;

corresponding law means a law of another jurisdiction that is declared under the regulations to be a corresponding law;

corresponding road law means—

(a) a law declared under the regulations to be a corresponding road law for another jurisdiction for the purposes of this Act; or

(b) except in the case of a jurisdiction for which a declaration is made under paragraph (a), a road law, or applicable road law, as defined in a corresponding law; or

(8) Section 5(1), definition of driver—after "the term" insert:

includes a two-up driver of a vehicle who is present in or near the vehicle, but

(9) Section 5(1), definition of driver's licence—before "includes" insert:

means a licence under the Motor Vehicles Act 1959 and

(10) Section 5(1), definition of inspector—delete the definition and substitute:

employee means a natural person who works under a contract of employment, apprenticeship or training;

employer means a person who employs persons under—

(a) contracts of employment, apprenticeship or training; or

(b) contracts for services;

engage in conduct means—

(a) do an act; or

(b) omit to perform an act;

equipment, in relation to a vehicle, includes tools, devices and accessories in or on the vehicle;

extract from a record, device or other thing means a copy of any information contained in the record, device or other thing;

freight container means—

(a) a re-usable container of the kind referred to in Australian/New Zealand Standard AS/NZS 3711.1:2000, Freight containers—Classification, dimensions and ratings, that is designed for repeated use for the transport of goods by one or more modes of transport; or

(b) a re-usable container of the same or a similar design and construction to a container referred to in paragraph (a) though of different dimensions; or

but does not include anything declared by the regulations to be excluded from this definition;

garage address, in relation to a vehicle, means—

(a) the address of the place of residence or business at which the vehicle is ordinarily kept when not in use; or

(b) the principal depot or base of operation of the vehicle;

GCM of a vehicle means the greatest possible sum of the maximum loaded mass of the vehicle and of any vehicles that may lawfully be towed by it at any one time—

(a) as specified by the vehicle's manufacturer; or

(b) as specified by an Australian Authority if—

(i) the manufacturer has not specified the sum of the maximum loaded mass; or

(ii) the manufacturer cannot be identified; or

(iii) the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;

goods includes—

(a) animals (whether alive or dead); and

(b) a container (whether empty or not),

but does not include—

(d) fuel, water, lubricants and equipment required for the normal operation of the vehicle in which they are carried;

GVM of a vehicle means the maximum loaded mass of the vehicle—

(a) as specified by the vehicle's manufacturer; or

(b) as specified by an Australian Authority if—

(i) the manufacturer has not specified a maximum loaded mass; or

(ii) the manufacturer cannot be identified; or

(iii) the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;

heavy vehicle means a motor vehicle or trailer that has a GVM greater than 4.5 tonnes;

home address of a person means—

(a) in the case of a natural person—the person’s residential address or place of abode in Australia; or

(b) in the case of a body corporate that has a registered office in Australia—the address of the registered office; or

(11) Section 5(1)—after the definition of installation insert:

intelligent transport system means a system involving the use of electronic or other technology (whether located in or on a vehicle, or on or near a road, or elsewhere) that has the capacity and capability to monitor, collect, store, display, analyse, transmit or report information relating to—

(a) a vehicle or its equipment or load, the driver of a vehicle, the operator of a fleet of vehicles or another person involved in road transport; and

(b) without limiting the above, the operation of a vehicle in relation to its legal entitlements;

journey documentation means any documentation (other than transport documentation) directly or indirectly associated with—

(a) the actual or proposed physical transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or

(b) goods or passengers themselves so far as the documentation is relevant to their actual or proposed physical transport,

whether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and whether or not the documentation relates to a particular journey or to journeys generally, and includes (for example) any of the following:

(d) workshop, maintenance and repair records relating to a vehicle used, or claimed to be used, for the transport of the goods or passengers;

(e) a subcontractor’s payment advice relating to the goods or passengers or the transport of the goods or passengers;

(f) records kept, used or obtained by the driver of the vehicle used, or claimed to be used, for the transport of the goods or passengers, including (for example) a driver’s run sheet, a log book entry, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records;

(g) information reported through the use of an intelligent transport system;

(h) driver manuals and instruction sheets;

(i) advice in any form from check weighing performed before, during or after a journey;

jurisdiction means the Commonwealth or a State or Territory;

learner's permit means a learner's permit under the Motor Vehicles Act 1959;

legal entitlements of a vehicle (or component of a vehicle) means the particulars of the entitlements, conferred under an Australian road law, that authorise the vehicle (or component) to be operated on a road, and includes—

(a) any entitlements arising under or as affected by a permit, registration, authorisation, approval, exemption, notice or anything else given or issued in writing under such a law; and

(b) any entitlements arising under or as affected by restrictions, or by the application of restrictions, under an Australian road law or other laws (for example, sign-posted mass limits for bridges, hazardous weather condition permits, and special road protection limits); and

load of a vehicle, or in or on a vehicle, means—

(a) all the goods, passengers and drivers in or on the vehicle; and

(b) all fuel, water, lubricants and readily removable equipment carried in or on the vehicle and required for its normal operation; and

(d) anything that is normally removed from the vehicle when not in use,

and includes a part of a load as so defined;

loader of goods that are transported by road means a person who—

(a) loaded the vehicle concerned with the goods for transport by road; or

(b) loaded the vehicle with a freight container (whether or not containing goods) for transport by road; or

(c) without limiting the above, loaded a freight container already in or on the vehicle with the goods for transport by road; or

(d) supervised an activity mentioned in paragraph (a), (b) or (c); or

(e) managed or controlled an activity mentioned in paragraph (a), (b), (c) or (d);

(12) Section 5(1)—after the definition of mass and loading requirements insert:

mass, dimension or load restraint requirement means any of the following:

(a) the mass and loading requirements;

(b) requirements of the Australian Road Rules relating to mass limits where the mass limits are indicated by signs (for example, sign-posted bridge limits);

(c) a law of another jurisdiction that is defined in the corresponding law of the jurisdiction as a mass, dimension or load restraint requirement or mass, dimension or load restraint limit or requirement or taken under the corresponding law of the jurisdiction to be a mass, dimension or load restraint requirement or mass, dimension or load restraint limit or requirement;

mass limit means a mass limit specified in or applying under mass, dimension or load restraint requirements;

minor risk breach—see section 120;

(13) Section 5(1), definitions of operator and owner—delete the definitions and substitute:

night means the period between sunset on one day and sunrise on the next day;

operator of a vehicle means—

(a) in the case of a vehicle other than a combination but including a vehicle in a combination—a person controlling or directing the operation of the vehicle; or

(b) in the case of a combination—a person controlling or directing the operation of the towing vehicle in the combination,

and includes the registered operator of the vehicle; (however, a person is not an operator of a vehicle merely because the person does any or all of the following:

(d) drives the vehicle;

(e) maintains or arranges for the maintenance of the vehicle;

(f) arranges for the registration of the vehicle);

owner of a vehicle means—

(a) in the case of a vehicle other than a combination but including a vehicle in a combination—

(i) a person who is the sole owner, a joint owner or a part owner of the vehicle; or

(ii) a person who has possession or use of the vehicle under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else; or

(b) in the case of a combination—

(i) a person who is the sole owner, a joint owner or a part owner of the towing vehicle in the combination; or

(ii) a person who has possession or use of the towing vehicle in the combination under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else,

and includes a registered owner of the vehicle;

package of goods means the complete product of the packing of the goods for transport by road, consisting of the goods and their packaging;

packaging of goods means the container (including a freight container) in which the goods are received or held for transport by road, and includes anything that enables the container to receive or hold the goods or to be closed;

packer of goods that are transported by road means a person who—

(a) put the goods in a packaging for transport by road; or

(b) assembled the goods as packaged goods in an outer packaging or unit load for transport by road; or

(d) managed or controlled an activity mentioned in paragraph (a), (b) or (c);

(14) Section 5(1)—after the definition of photographic detection device insert:

premises includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place;

(15) Section 5(1)—after the definition of prime mover insert:

public authority means—

(a) a police force or police service or the Crown in any other capacity; or

(b) a body established under law, or the holder of an office established under law, for a public purpose, including a local government authority;

public place includes a place—

(a) of public resort open to or used by the public as of right; or

(b) for the time being—

(i) used for a public purpose; or

(ii) open to access by the public,

whether on payment or otherwise; or

(c) open to access by the public by the express or tacit consent or sufferance of the owner of that place, whether the place is or is not always open to the public,

but does not include—

(d) a track that at the material time is being used as a course for racing or testing motor vehicles and from which other traffic is excluded during that use; or

(e) a place declared by the regulations not to be a public place;

public safety means the safety of persons or property, including the safety of—

(a) the drivers of and passengers in vehicles; and

(b) persons in or in the vicinity of (or likely to be in or in the vicinity of) roads, road infrastructure and public places; and

(16) Section 5(1)—after the definition of quad-axle group insert:

reasonable steps defence—see section 121;

records means any documents, documentation or records, whether in paper, electronic or any other form;

registered industry code of practice means an instrument that is registered by an Australian Authority as an industry code of practice under section 174F or under a corresponding road law;

registered operator of a vehicle means—

(a) in the case of a vehicle other than a combination but including a vehicle in a combination—the person registered as the operator of the vehicle by the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 or recorded as the operator of the vehicle by another Australian Authority on a register maintained under an Australian road law; or

(b) in the case of a combination—the person registered as the operator of the towing vehicle in the combination by the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 or recorded as the operator of the towing vehicle in the combination by another Australian Authority on a register maintained under an Australian road law;

registered owner of a vehicle means—

(a) in the case of a vehicle other than a combination but including a vehicle in a combination—a person registered as an owner of the vehicle by the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 or recorded as an owner of the vehicle by another Australian Authority on a register maintained under an Australian road law; or

(b) in the case of a combination—a person registered as an owner of the towing vehicle in the combination by the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 or recorded as an owner of the towing vehicle in the combination by another Australian Authority on a register maintained under an Australian road law;

Registrar of Motor Vehicles or Registrar means the person holding or acting in the office of Registrar of Motor Vehicles under the Motor Vehicles Act 1959, and includes any person acting on behalf of the Registrar in accordance with that Act;

responsible entity in relation to a freight container—see section 131;

responsible person means any person having, at a relevant time, a role or responsibilities associated with road transport, and includes any of the following:

(a) an owner of a vehicle;

(b) a driver of a vehicle;

(d) a person in charge or apparently in charge of a vehicle;

(e) a person in charge or apparently in charge of the garage address of a vehicle or the base of the driver or drivers of a vehicle;

(f) a person appointed under an approved road transport compliance scheme to have monitoring or other responsibilities under the scheme, including (for example) responsibilities for certifying, monitoring or approving vehicles under the scheme;

(g) an operator of an intelligent transport system;

(h) a person in charge of premises entered by an authorised officer or police officer under this Act;

(i) a person who consigns goods for transport by road;

(j) a person who packs goods in a freight container or other container or in a package or on a pallet for transport by road;

(k) a person who loads goods or a container on a vehicle for transport by road;

(l) a person who unloads goods or a container containing goods consigned for transport by road;

(m) a person to whom goods are consigned for transport by road;

(n) a person who receives goods packed outside Australia in a freight container or other container or as a unit load for transport by road in Australia;

(o) an owner or operator of a weighbridge, or weighing facility, used to weigh vehicles or an occupier of premises where such a weighbridge or weighing facility is located;

(p) a responsible entity for a freight container;

(q) a person who controls or directly influences the loading or operation of a vehicle;

(r) an agent, employer, employee, contractor or subcontractor of any person referred to in the preceding paragraphs of this definition;

(17) Section 5(1)—after the definition of road insert:

road authority means—

(a) an authority, person or body that is responsible for the care, control or management of a road; or

(b) any person or body prescribed by the regulations for the purposes of this definition, in relation to specified roads or specified classes of roads;

road infrastructure includes—

(a) a road, including its surface or pavement; and

(b) anything under or supporting a road or its surface or pavement and maintained by a road authority; and

(c) any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and

(d) any bridge or other work or structure located above, in or on a road and maintained by a road authority; and

(e) any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a)–(d); and

(f) anything declared by the regulations to be included in this definition;

but does not include anything declared by the regulations to be excluded from this definition;

road law means this Act, the Motor Vehicles Act 1959 or rules or regulations under either of the Acts;

road law offence means an offence against a road law;

(18) Section 5(1), definition of road-related area, (d) and (e)—delete paragraphs (d) and (e) and substitute:

(d) any public place that is not a road and on which a motor vehicle may be driven, whether or not it is lawful to drive a motor vehicle there;

(19) Section 5(1)—after the definition of road-related area insert:

run the engine of a vehicle includes to start or stop the engine;

(20) Section 5(1)—after the definition of semi-trailer insert:

severe risk breach—see section 120;

(21) Section 5(1)—after the definition of single axle group insert:

specifications of a vehicle means the physical dimensions and other physical attributes of the vehicle and its fittings;

substantial risk breach—see section 120;

(22) Section 5(1)—after the definition of tram insert:

transport documentation means—

(a) any contractual documentation directly or indirectly associated with—

(i) a transaction for or relating to the actual or proposed transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or

(ii) goods or passengers themselves so far as the documentation is relevant to their actual or proposed transport; or

(b) any associated documentation—

(i) contemplated in the contractual documentation; or

(ii) required by law, or customarily provided, in connection with the contractual documentation or with the transaction,

whether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and includes (for example) an invoice, vendor declaration, delivery order, consignment note, load manifest, export receival advice, bill of lading, contract of carriage, sea carriage document, or container weight declaration, relating to the goods or passengers;

(23) Section 5(1)—after the definition of twinsteer axle group insert:

two-up driver means a person accompanying a driver of a heavy vehicle on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle during the journey;

unit load means a load of packaged goods that are—

(a) wrapped in plastics, and strapped or otherwise secured to a pallet or other base and to each other, for transport; or

(b) placed together in a protective outer container (except a freight container) for transport; or

6—Substitution of section 8A

Section 8A—delete the section and substitute:

8—Driver’s base

(1) For the purposes of this Act, the base of a driver of a vehicle is—

(a) the place recorded for the time being as the driver’s base in the log book kept by the driver of the vehicle; or

(b) if no place is recorded as specified in paragraph (a)—the garage address of the vehicle (or, in the case of a combination, the towing vehicle of the combination), as recorded by an Australian Authority; or

(c) if no place is recorded as specified in paragraph (a) or (b)—the place from which the driver normally works and receives instructions.

(2) For the purposes of this section, if a driver is a self-employed driver and an employed driver at different times, the driver may have one base as a self-employed driver and another base as an employed driver.

(3) For the purposes of this section, if a driver has 2 or more employers, the driver may have a different base in relation to each employer.

9—Associates

(1) For the purposes of this Act, a person is an associate of another if—

(a) one is a spouse, parent, brother, sister or child of the other; or

(b) they are members of the same household; or

(d) they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or

(e) one is a body corporate and the other is a director or member of the governing body of the body corporate; or

(f) one is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate; or

(g) they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or

(h) a chain of relationships can be traced between them under one or more of the above paragraphs.

(2) For the purposes of subsection (1), a beneficiary of a trust includes an object of a discretionary trust.

10—Act in addition to and not in derogation of other Acts

This Act is in addition to, and does not derogate from, the provisions of any other Act.

7—Amendment of section 16—Roads under care etc of Commissioner of Highways

Section 16(1)—delete subsection (1)

8—Amendment of section 17—Installation etc of traffic control devices

Section 17(1) and (2)—delete "An Authority" wherever occurring and substitute in each case:

A road authority

9—Amendment of section 18—Direction as to installation etc of traffic control devices

(1) Section 18(1) and (6)—delete "an Authority" wherever occurring and substitute in each case:

a road authority

(2) Section 18(5) and (7)—delete "Authority" wherever occurring and substitute in each case:

road authority

(3) Section 18(6)—delete "the Authority" and substitute:

the road authority

10—Amendment of section 19—Cost of traffic control devices and duty to maintain

Section 19—delete "Authority" wherever occurring and substitute in each case:

road authority

11—Amendment of section 19A—Recovery of cost of installing certain traffic control devices

(1) Section 19A(1)—delete "Authority" and substitute:

road authority

(2) Section 19A(3)—delete "An Authority" and substitute:

A road authority

12—Amendment of section 21—Offences relating to traffic control devices

Section 21(2)—delete "an Authority" and substitute:

a road authority

13—Amendment of section 31—Action to deal with false devices or hazards to traffic

Section 31(2)—delete "Authority" wherever occurring and substitute in each case:

road authority

14—Substitution of Part 2 Divisions 4 and 5

Part 2 Divisions 4 and 5—delete the Divisions and substitute:

Division 4—Enforcement officers for Australian road laws

35—Authorised officers

(1) The Minister may, by instrument in writing, appoint—

(a) a specified person to be an authorised officer; or

(b) persons of a specified class to be authorised officers.

(2) An authorised officer may but need not be an employee in the public service or an employee of a government or government body.

(3) An authorised person as defined in the Local Government Act 1999 is an authorised officer under this Act for the purposes of—

(a) enforcing prescribed provisions of this Act in the area of the council for which he or she is an authorised person; or

(b) exercising the powers of an authorised officer under prescribed provisions of this Act in the area of the council for which he or she is an authorised person.

(4) Every person for the time being in charge of a ferry established by a council or established, maintained or operated by the Commissioner of Highways is an authorised officer under this Act.

(5) Without limiting the above, an authorised officer as defined in a corresponding road law may be appointed as an authorised officer under this section.

36—Exercise of powers by authorised officers

(1) This section applies to the powers conferred on authorised officers by a road law.

(2) The Minister may, by instrument in writing applicable to a specified authorised officer or each authorised officer of a specified class, impose conditions on the exercise of powers.

37—Exercise of powers by police officers

A police officer has the powers conferred on police officers by a road law in addition to the officer's powers under other Acts or at law.

38—Identification cards

(1) The Minister may—

(a) issue an authorised officer with an identification card; or

(b) designate a card, issued to an authorised officer by another person, body or authority (whether or not of this State), as an identification card for the purposes of this Act.

(2) An identification card issued by the Minister must—

(a) contain a photograph of the officer and either—

(i) the name and signature of the officer; or

(ii) a unique number that has been assigned to the officer by the Minister; and

(b) identify the officer as an authorised officer.

(3) The Minister must not designate a card issued to an authorised officer by another person, body or authority as an identification card for the purposes of this Act unless the card—

(a) contains a photograph of the officer, the name of the other person, body or authority and either—

(i) the name and signature of the officer; or

(ii) a unique number that has been assigned to the officer by the other person, body or authority; and

(b) identifies in some way (however expressed) the officer as an authorised officer under another law or as having official functions under another law.

39—Production of identification

(1) This section applies to powers conferred on authorised officers or police officers under a road law, but only where the physical presence of an officer at the scene is necessary for the exercise of the power.

(2) An authorised officer must not exercise a power unless an identification card has been issued to or designated for the officer.

(3) An authorised officer who is exercising or about to exercise a power is required to comply with a request to identify himself or herself, by producing his or her identification card.

(4) A police officer who is exercising or about to exercise a power is required to comply with a request to identify himself or herself, by—

(a) producing his or her police identification; or

(b) stating orally or in writing his or her surname, rank and identification number.

(5) An authorised officer or police officer is required to comply with a requirement under subsection (3) or (4)—

(a) immediately; or

(b) if it is not practicable to comply with the requirement immediately—as soon as practicable afterwards.

(6) An authorised officer or police officer need only identify himself or herself once to a particular person during the course of an incident, even though more than one power is being exercised during the course of the incident.

(7) In this section—

incident means—

(a) a single incident; or

(b) a connected series of incidents involving the same or substantially the same parties and occurring during a period of 72 hours;

power means a power under an Australian road law;

request, in relation to the exercise of a power, means a request made by a person (if any) in respect of whom the power is being or is about to be exercised.

40—Return of identification cards

(1) A person commits an offence if—

(a) the Minister has issued an identification card to the person; and

(b) the person was but has stopped being an authorised officer; and

(d) the person did not return the card during the period.

Penalty: $2 500.

(2) Subsection (1) does not apply if the person has a reasonable excuse.

40A—Reciprocal powers of officers

(1) This section has effect in relation to another jurisdiction while the corresponding law of the other jurisdiction contains provisions corresponding to this section.

(2) The Minister may enter into agreements with a Minister of the other jurisdiction for the purposes of this section, and to amend or revoke any such agreement.

(3) To the extent envisaged by such an agreement—

(a) authorised officers or police officers of this State may, in this State or the other jurisdiction, exercise powers conferred respectively on authorised officers or police officers of the other jurisdiction under the corresponding law of the other jurisdiction; and

(b) authorised officers or police officers of the other jurisdiction may, in this State or the other jurisdiction, exercise powers conferred respectively on authorised officers or police officers under this Act.

(4) Anything done or omitted to be done by an authorised officer or police officer of this State under subsection (3)(a) is taken to have been done under this Act as well as under the corresponding law.

(5) The regulations may make provision for or with respect to the exercise of powers under this section.

(6) Nothing in this section affects the appointment under this Division of persons as authorised officers for the purposes of this Act.

40B—Registrar may exercise powers of authorised officers

(1) The Registrar of Motor Vehicles may exercise any power conferred under a road law on an authorised officer.

(2) Accordingly, in this Act (except this Division) references to an authorised officer include references to the Registrar of Motor Vehicles.

Division 5—General enforcement powers for Australian road laws

Subdivision 1—Interpretation

40C—Meaning of qualified, fit or authorised to drive or run engine

(1) For the purposes of this Division, a person is qualified to drive a vehicle (or to run its engine) if the person—

(a) holds a driver's licence of the appropriate class to drive it and the driver's licence is not suspended; and

(b) is not prevented under a law (including, for example, by the conditions of the licence) from driving it at the relevant time.

(2) For the purposes of this Division, a person is fit to drive a vehicle (or to run its engine) if—

(a) the person is apparently physically and mentally fit to drive the vehicle; and

(b) (without limiting the above) the person is not apparently affected by—

(i) alcohol; or

(ii) any drug that affects the person’s fitness to drive,

or both; and

(c) the person has not at the time been found to have, and there are not any reasonable grounds to suspect that the person has, a concentration of alcohol in the person’s blood that exceeds the amount permitted by a road law; and

(d) the person has not at the time been found to have, and there are not any reasonable grounds to suspect that the person has, a prescribed drug in his or her oral fluid or blood.

(3) For the purposes of this Division, a person is authorised—

(a) to drive a vehicle if the person is its operator or has the authority of the operator to drive it; or

(b) to run the engine of a vehicle if the person is its operator or has the authority of the operator to drive it or to run the engine,

regardless of whether or not the person is qualified to drive the vehicle (or run its engine) as mentioned in subsection (1).

40D—Meaning of unattended vehicle and driver of disconnected trailer

(1) For the purposes of this Division, a vehicle is unattended if—

(a) where the authorised officer or police officer concerned—

(i) is present at the scene—there is, after inspection and enquiry by the officer that is reasonable in the circumstances, apparently no person in, on or in the vicinity of the vehicle who appears to be a driver of the vehicle; or

(ii) is not present at the scene but is able to inspect the scene by means of camera or other remote surveillance system—there is, after inspection by the officer that is reasonable in the circumstances, apparently no person in, on or in the vicinity of the vehicle who appears to be a driver of the vehicle; or

(b) where there is apparently such a person in, on or in the vicinity of the vehicle—the officer believes on reasonable grounds that—

(i) the person is not qualified, not fit or not authorised to drive it; or

(ii) the person is or appears to be unwilling to drive it; or

(iii) the person is subject to a direction under section 40K in relation to the vehicle.

(2) For the purposes of this Division, a person is the driver of a vehicle if, in a case where the vehicle is a trailer and is not connected (either directly or by one or more other trailers) to a towing vehicle, the person is the driver of the towing vehicle to which the trailer was or apparently was last connected.

40E—Meaning of broken down vehicle

(1) For the purposes of this Division, a vehicle that is a motor vehicle is broken down if it is not possible to drive the vehicle because it is disabled through damage, mechanical failure, lack of fuel or any similar reason.

(2) For the purposes of this Division, a vehicle that is a trailer is broken down if it is not connected (either directly or by one or more other trailers) to a towing vehicle, whether or not the trailer is also disabled through damage, mechanical power or any similar reason.

(3) For the purposes of this Division, a vehicle that is a combination is broken down if it is not possible to drive the combination because the combination or a vehicle comprised in the combination is disabled through damage, mechanical failure, lack of fuel or any similar reason.

(4) For the purposes of this Division, a vehicle of a kind not referred to in subsection (1), (2) or (3) is broken down if it is not connected to a towing vehicle or an animal by which it could be drawn or if it is not possible to tow or draw the vehicle because it is disabled through damage, mechanical failure or any similar reason.

40F—Meaning of compliance purposes

For the purposes of this Division, a power is exercised for compliance purposes in relation to a person if the power is exercised—

(a) to find out whether the Australian road laws or an approved road transport compliance scheme are being complied with by that or any other person; or

(b) to investigate a breach or suspected breach of an Australian road law or an approved road transport compliance scheme by that or any other person; or

Subdivision 2—Directions to stop, move or leave vehicles

40G—Application of Subdivision

(1) This Subdivision applies to a vehicle located—

(a) on any road; or

(b) in or on any premises occupied or owned by a public authority; or

(2) This Subdivision applies to the driver of a vehicle who is apparently in, on or in the vicinity of the vehicle.

40H—Direction to stop vehicle to enable exercise of other powers

(1) An authorised officer or police officer may, for the purpose of or in connection with exercising other powers under a road law, direct—

(a) the driver of a vehicle to stop the vehicle; or

(b) the driver of a vehicle or any other person not to do one or more of the following:

(i) move the vehicle;

(ii) interfere with it or any equipment in or on it;

(iii) interfere with its load.

(2) A direction to stop a vehicle may require that it be stopped without delay, or that it be stopped at the nearest place for it to be safely stopped as indicated by the officer.

(3) A direction to stop the vehicle, or not to move it, or not to interfere with it or any equipment in or on it or with its load, does not prevent an authorised officer or police officer from giving the driver or another person any later inconsistent directions under a road law or any other law.

(4) A direction ceases to be operative to the extent that an authorised officer or police officer—

(a) gives the driver or other person a later inconsistent direction; or

(b) indicates to the driver or other person that the direction is no longer operative.

(5) A person commits an offence if—

(a) the person is subject to a direction under subsection (1); and

(b) the person engages in conduct that results in a contravention of the direction.

Penalty: $5 000.

(6) In this section—

stop a vehicle means to stop the vehicle and keep it stationary.

40I—Direction to move vehicle to enable exercise of other powers

(1) An authorised officer or police officer may, for the purpose of or in connection with the exercise of other powers under this Act, direct the driver or operator of a vehicle to move it or cause it to be moved to the nearest suitable location that is within the prescribed distance and specified by the officer.

(2) A person commits an offence if—

(a) the person is subject to a direction under subsection (1); and

(b) the person engages in conduct that results in a contravention of the direction.

Penalty:

(a) in the case of a direction to move the vehicle for the purpose of determining whether there has been a breach of a mass limit—not less than $5 000 and not more than $10 000;

(b) in any other case—$5 000.

(3) A court may not reduce or mitigate in any way a minimum penalty prescribed by subsection (2).

(4) In proceedings for an offence in relation to a contravention of a direction under subsection (1), it is a defence if the person charged establishes that—

(a) it was not possible to move the vehicle concerned because it was broken down; and

(b) the breakdown occurred for a physical reason beyond the driver’s or operator’s control; and

(c) the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.

(5) In this section—

prescribed distance means a distance (in any direction) within a radius of 30 kilometres of—

(a) the location of the vehicle when the direction is given; or

(b) any point along the forward route of the journey, if the direction is given in the course of a journey of the vehicle;

suitable location means a location that the authorised officer or police officer concerned believes on reasonable grounds to be a suitable location having regard to any matters the officer considers relevant in the circumstances.

40J—Direction to move vehicle if danger or obstruction

(1) This section applies if an authorised officer or police officer believes on reasonable grounds that a vehicle on a road is—

(a) causing serious harm, or creating an imminent risk of serious harm, to public safety, the environment or road infrastructure; or

(b) causing or likely to cause an obstruction to traffic or any event lawfully authorised to be held on the road; or

(c) obstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road.

(2) The officer may direct the driver or operator of the vehicle to do either or both of the following:

(a) to move it, or cause it to be moved, to the extent necessary to avoid the harm or obstruction;

(b) to do anything else reasonably required by the officer, or to cause anything else reasonably required by the officer to be done, to avoid the harm or obstruction.

(3) A person commits an offence if—

(a) the person is subject to a direction under subsection (2); and

(b) the person engages in conduct that results in a contravention of the direction.

Penalty: $5 000.

(4) In proceedings for an offence in relation to the contravention of a direction under subsection (2)(a), it is a defence if the person charged establishes that—

(a) it was not possible to move the vehicle concerned because it was broken down; and

(b) the breakdown occurred for a physical reason beyond the driver’s or operator’s control; and

(c) the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.

40K—Direction to leave vehicle

(1) This section applies if—

(a) the driver of a vehicle fails to comply with a direction given by an authorised officer or police officer under another provision of this Subdivision; or

(b) an authorised officer or police officer believes on reasonable grounds that the driver of a vehicle is not qualified, is not fit or is not authorised to drive the vehicle.

(2) The officer may do one or more of the following:

(a) direct the driver to vacate the driver’s seat;

(b) direct the driver to leave the vehicle;

(c) direct the driver not to occupy the driver’s seat until permitted to do so by an authorised officer or police officer;

(d) direct the driver not to enter the vehicle until permitted to do so by an authorised officer or police officer.

(3) The officer may direct any other person to do either or both of the following:

(a) to leave the vehicle;

(b) not to enter the vehicle until permitted to do so by an authorised officer or police officer.

(4) The officer, being a police officer, may do one or more of the following if the officer believes on reasonable grounds that the driver is not fit to drive the vehicle because of the consumption of alcohol or a drug:

(a) direct the driver to secure the vehicle and surrender to the officer all keys to the vehicle that are in the person's immediate possession or in the vehicle;

(b) immobilise the vehicle;

(5) A person commits an offence if—

(a) the person is subject to a direction under this section; and

(b) the person engages in conduct that results in a contravention of the direction.

Penalty: $5 000.

(6) If a police officer takes possession of keys or (in order to immobilise the vehicle) components of a vehicle, the officer must—

(a) advise the driver that the keys or components may be recovered from a specified police station; and

(b) cause the keys or components to be taken to the police station.

(7) A police officer on duty at the police station to which the keys or components are taken under this section must deliver possession of the keys or components to any person who the officer is satisfied is lawfully entitled to them and who makes a request for them at the police station, provided that the officer has no reason to believe that the person will drive the vehicle but not be qualified or fit to do so.

(8) In this section—

keys means keys or electronic or other devices for starting or securing a vehicle.

40L—Manner of giving directions under Subdivision

(1) A direction under this Subdivision may be given to a driver orally or by means of a sign or signal (electronic or otherwise), or in any other manner.

(2) A direction under this Subdivision may be given to an operator orally or by telephone, facsimile, electronic mail or radio, or in any other manner.

40M—Moving unattended vehicle to enable exercise of other powers

(1) This section applies if an authorised officer or police officer—

(a) believes on reasonable grounds that a vehicle is unattended on a road; and

(b) is seeking to exercise other powers under this Act; and

(c) believes on reasonable grounds that the vehicle should be moved to enable or to facilitate the exercise of those powers.

(2) The officer may—

(a) move the vehicle (by driving or towing it or otherwise); or

(b) authorise another person to move it (by driving or towing it or otherwise),

to the extent reasonably necessary to enable or to facilitate the exercise of the powers concerned.

(3) The officer may enter the vehicle, or authorise another person to enter it, for the purpose of moving the vehicle.

(4) The officer or person authorised by the officer may use reasonable force to do any or all of the following:

(a) to open unlocked doors and other unlocked panels and objects;

(b) to gain access to the vehicle, or its engine or other mechanical components, to enable the vehicle to be moved;

(5) The officer or person authorised by the officer may drive the vehicle only if qualified and fit to drive it.

Subdivision 3—Power to move or remove unattended or broken down vehicles

40N—Removing unattended or broken down vehicle if danger or obstruction

(1) This section applies if—

(a) an authorised officer or police officer believes on reasonable grounds that a vehicle is unattended or broken down on a bridge, culvert or freeway; or

(b) an authorised officer or police officer believes on reasonable grounds that—

(i) a vehicle is unattended or broken down on any road; and

(ii) the vehicle is—

(A) causing harm, or creating a risk of harm, to public safety, the environment or road infrastructure; or

(B) causing or likely to cause an obstruction to traffic or any event lawfully authorised to be held on the road; or

(C) obstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road.

(2) The officer may—

(a) remove the vehicle, or, in the case of a vehicle that is a combination, any vehicle forming part of the combination (by driving or towing it or otherwise), or

(b) authorise another person to remove it (by driving or towing it or otherwise),

to a convenient place.

(3) The officer may—

(a) enter the vehicle, or authorise another person to enter it, for the purpose of removing the vehicle; or

(b) in the case of a vehicle that is a combination, separate any or all of the vehicles forming part of the combination, or authorise another person to separate them, for the purpose of removing any or all of the vehicles.

(4) The officer may drive the vehicle even though the officer is not qualified to drive it, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle who is more capable of driving it than the officer and who is fit and willing to drive it.

(5) The person authorised by the officer may drive the vehicle even though the authorised person is not qualified to drive it, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle who is more capable of driving it than the authorised person and who is fit and willing to drive it.

(6) The officer or person driving a vehicle under the authority of this section is exempt from any other road law to the extent that the other law would require him or her to be licensed or otherwise authorised to drive it.

(7) The officer or person authorised by the officer may use reasonable force to the extent reasonably necessary for the purpose of entering or removing the vehicle.

(8) In this section—

authorised officer has the meaning assigned to the term by section 5, and includes—

(a) in relation to a vehicle unattended or broken down on a freeway—a person authorised by the Minister for the purposes of this section; and

(b) in relation to a vehicle unattended or broken down on any road within the area of a council—an officer of the council;

event has the same meaning as in section 33;

freeway means a length of road to which a freeway sign applies in accordance with the Australian Road Rules.

40O—Operator’s authorisation not required for driving under Subdivision

It is immaterial that the officer or person driving a vehicle under the authority of this Subdivision is not authorised to drive it.

40P—Notice of removal of vehicle and disposal of vehicle if unclaimed

(1) This section applies if a vehicle is removed to a convenient place under section 40N.

(2) The person who removed the vehicle must ensure that the owner of the vehicle is notified of the removal of the vehicle and of the place to which the vehicle was removed—

(a) by written notice—

(i) served on the owner personally; or

(ii) sent by registered post to the owner's last-known residential address,

forthwith after the removal of the vehicle; or

(b) by public notice published in a newspaper circulating generally in the State within 14 days after the removal of the vehicle.

(3) If the owner of the vehicle does not, within 1 month after service or publication of the notice relating to the removal of the vehicle—

(a) take possession of the vehicle; and

(b) pay all expenses in connection with the removal, custody and maintenance of the vehicle and of serving, posting or publishing the notice,

the relevant authority must, subject to subsection (4), offer the vehicle for sale by public auction.

(4) If—

(a) the vehicle is offered for sale by public auction but is not sold at the auction; or

(b) the relevant authority reasonably believes that the proceeds of the sale of the vehicle would be unlikely to exceed the costs incurred in selling the vehicle,

the relevant authority may dispose of the vehicle in such manner as the relevant authority thinks fit.

(5) The relevant authority must apply any proceeds of sale of the vehicle as follows:

(a) firstly, in payment of the costs of and incidental to the sale;

(b) secondly, in payment of the costs of and incidental to the removal, custody and maintenance of the vehicle and of the notice served, posted or published under this section; and

(6) If after reasonable inquiry following sale of the vehicle the owner of the vehicle cannot be found, the balance of the proceeds of the sale will be paid—

(a) if the vehicle was sold by the Commissioner of Police or the Minister—to the Treasurer to be credited to the Consolidated Account; or

(b) if the vehicle was sold by a council—to the council.

(7) In this section—

relevant authority means—

(a) in relation to a vehicle removed by a police officer—the Commissioner of Police; or

(b) in relation to a vehicle removed by an officer of a council—the council; or

Subdivision 4—Powers of inspection and search

40Q—Power to inspect vehicle on road or certain official premises

(1) This section applies to a vehicle located at a place—

(a) on a road; or

(b) in or on premises occupied or owned by a public authority,

whether or not the vehicle is unattended.

(2) An authorised officer or police officer may inspect a vehicle for compliance purposes.

(3) The officer may enter the vehicle for the purpose of or in connection with conducting the inspection.

(4) The officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the vehicle or any other person.

(5) Without limiting the above, the power to inspect a vehicle under this section includes any or all of the following:

(a) the power to weigh, test, measure or take photographs of the vehicle or any part of it or its equipment or load;

(b) the power to check the existence or details of, or take photographs of, placards or other information required under an Australian road law or under an approved road transport compliance scheme to be displayed in or on the vehicle, including placards or other information relating to its specifications, capabilities or legal entitlements;

(c) the power to inspect and take copies of or extracts from any records that are located in or on the vehicle and that are required to be carried in or on the vehicle under an Australian road law or under an approved road transport compliance scheme;

(d) the power to access or download information that is required to be kept under an Australian road law or under an approved road transport compliance scheme and that is—

(i) stored electronically in equipment located in or on the vehicle; or

(ii) accessible electronically from equipment located in or on the vehicle.

(6) This section does not authorise the use of force, but the officer may under this section do any or all of the following:

(a) open unlocked doors and other unlocked panels and objects;

(b) inspect anything that has been opened or otherwise accessed under the power to use reasonable force in the exercise of a power to enter or move a vehicle under Subdivision 3;

40R—Power to search vehicle on road or certain official premises

(1) This section applies to a vehicle located at a place—

(a) on a road; or

(b) in or on premises occupied or owned by a public authority,

whether or not the vehicle is unattended.

(2) An authorised officer or police officer may search a vehicle for compliance purposes, if the officer believes on reasonable grounds that—

(a) the vehicle has been used, is being used, or is likely to be used, in the commission of an Australian road law offence or in the commission of a breach of an approved road transport compliance scheme; or

(b) the vehicle has been or may have been involved in an accident.

(3) The officer may form the necessary belief during or after an inspection or independently of an inspection.

(4) The officer may enter the vehicle for the purpose of or in connection with conducting the search.

(5) The officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the vehicle or any other person.

(6) Without limiting the above, the power to search a vehicle under this section includes any or all of the following:

(a) the power to search for evidence of an Australian road law offence or a breach of an approved road transport compliance scheme;

(b) the power to search for and inspect any records, devices or other things that relate to the vehicle or any part of its equipment or load and that are located in or on the vehicle;

(i) any records that are located in or on the vehicle and that are required to be carried in or on the vehicle under an Australian road law or under an approved road transport compliance scheme;

(ii) any transport documentation or journey documentation located in or on the vehicle;

(iii) any other records, or any readout or other data obtained from any device or thing, located in or on the vehicle that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an Australian road law offence or a breach of an approved road transport compliance scheme;

(d) any powers that may be exercised during an inspection of a vehicle under section 40Q(5).

(7) The power to search a vehicle under this section does not include a power to search a person.

(8) The officer may seize and remove any records, devices or other things from the vehicle that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an Australian road law offence or a breach of an approved road transport compliance scheme.

(9) The officer may use reasonable force in the exercise of powers under this section.

40S—Power to inspect premises

(1) This section applies to the following premises:

(a) premises at or from which a responsible person carries on business, or that are occupied by a responsible person in connection with such a business, or that are a registered office of a responsible person;

(b) the garage address of a vehicle;

(d) premises where records required to be kept under an Australian road law or under an approved road transport compliance scheme are located or where any such records are required to be located.

(2) An authorised officer or police officer may inspect the premises for compliance purposes.

(3) The officer may enter the premises for the purpose of conducting the inspection.

(4) Without limiting the above, the officer may inspect, or enter and inspect, any vehicle at the premises.

(5) The inspection may be made—

(a) at any time with the consent of the occupier or other person apparently in charge of the premises; or

(b) if a business is carried on at the premises—at any time during the usual business operating hours applicable at the premises (whether or not the premises are actually being used for that purpose), and without consent.

(6) This section does not authorise, without consent, the entry or inspection of—

(a) premises that are apparently unattended, unless the officer believes on reasonable grounds that the premises are not unattended; or

(b) premises that are, or any part of premises that is, used predominantly for residential purposes.

(7) Without limiting the above, the power to inspect premises under this section includes any or all of the following:

(a) the power to inspect and take copies of or extracts from any records located at the premises and required to be kept under an Australian road law or under an approved road transport compliance scheme;

(b) the power to check the existence of and inspect any devices (including weighing, measuring, recording or monitoring devices) required to be installed, used or maintained under an Australian road law or under an approved road transport compliance scheme, and to inspect and take copies of or extracts from any readout or other data obtained from any such device;

(c) the power to exercise with respect to a vehicle located at the premises any powers that may be exercised during an inspection of a vehicle under section 40Q(5);

(d) the power to use photocopying equipment on the premises free of charge for the purpose of copying any records or other material.

(8) This section does not authorise the use of force, but the officer may under this section do any or all of the following:

(a) open unlocked doors and other unlocked panels and objects;

(b) inspect anything that has been opened or otherwise accessed under the power to use reasonable force in the exercise of a power to enter or move a vehicle under Subdivision 3;

40T—Power to search premises

(1) This section applies to the following premises:

(b) the garage address of a vehicle;

(d) premises where records required to be kept under an Australian road law or under an approved road transport compliance scheme are located or where any such records are required to be located;

(e) premises where the officer concerned believes on reasonable grounds that—

(i) a vehicle is or has been located; or

(ii) transport documentation or journey documentation is located.

(2) An authorised officer or police officer may search premises for compliance purposes, if the officer believes on reasonable grounds—

(a) that there may be at the premises records, devices or other things that may provide evidence of an Australian road law offence or of the commission of a breach of an approved road transport compliance scheme; or

(b) that—

(i) a vehicle has been or may have been involved in an accident; and

(ii) the vehicle is connected with the premises.

(3) For the purposes of this section, a vehicle is connected with the premises if—

(a) the premises are the garage address of the vehicle; or

(b) the vehicle is, or has within the past 72 hours been, located at the premises; or

(c) the premises are or may be otherwise connected (directly or indirectly) with the vehicle or any part of its equipment or load.

(4) The officer may form the necessary belief during or after an inspection or independently of an inspection.

(5) The officer may enter the premises for the purpose of conducting the search.

(6) Without limiting the above, the officer may search, or enter and search, any vehicle at the premises.

(7) The search may be conducted—

(a) at any time under the authority of a warrant under this Act; or

(b) at any time with the consent of the occupier or other person apparently in charge of the premises; or

(c) if a business is carried on at the premises—at any time during the ordinary business hours applicable at the premises (whether or not the premises are actually being used at that time for that purpose), and without a warrant and without the consent of the occupier or other person apparently in charge of the premises or any other person; or

(d) if the officer believes on reasonable grounds that subsection (2)(b) applies—at any time, and without a warrant and without the consent of the occupier or other person apparently in charge of the premises or any other person.

(8) This section does not authorise, without a warrant or consent, the entry or searching of—

(a) premises that are unattended, unless the officer believes on reasonable grounds that the premises are not unattended; or

(b) premises that are, or any part of premises that is, used predominantly for residential purposes.

(9) Without limiting the above, the power to search premises under this section includes any or all of the following:

(a) the power to search for evidence of an Australian road law offence or a breach of an approved road transport compliance scheme;

(b) the power to search for and inspect any records, devices or other things that relate to a vehicle or any part of its equipment or load and that are located at the premises;

(i) any records that are located at the premises and are required to be kept under an Australian road law or under an approved road transport compliance scheme;

(ii) any transport documentation or journey documentation located at the premises;

(iii) any other records, or any readout or other data obtained from any device or thing, located at the premises that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an Australian road law offence or a breach of an approved road transport compliance scheme;

(d) the power to use photocopying equipment on the premises free of charge for the purpose of copying any records or other material;

(e) the power to exercise with respect to a vehicle located at the premises any powers that may be exercised during a search of a vehicle under section 40R(6);

(f) any powers that may be exercised during an inspection of premises under section 40S(7).

(10) The power to search premises under this section does not include a power to search a person.

(11) The officer may seize and remove any records, devices or other things from the premises that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an Australian road law offence or a breach of an approved road transport compliance scheme.

(12) The officer may use reasonable force in the exercise of powers under this section.

40U—Residential purposes

For the purposes of this Subdivision, premises are, or any part of premises is, taken not to be used for residential purposes merely because temporary or casual sleeping or other accommodation is provided there for drivers of vehicles.

Subdivision 5—Other directions

40V—Direction to give name and other personal details

(1) In this section—

personal details, in relation to a person, means—

(a) the person’s full name; and

(b) the person’s date of birth; and

(d) the address of where the person usually lives; and

(e) the person’s business address.

(2) If an authorised officer or police officer suspects on reasonable grounds that a natural person whose personal details are unknown to the officer—

(a) is or may be a responsible person; or

(b) has committed or is committing or is about to commit an Australian road law offence; or

(c) may be able to assist in the investigation of an Australian road law offence or a suspected Australian road law offence; or

(d) is or may be the driver or other person in charge of a vehicle that has been or may have been involved in an accident,

the officer may direct the person to give the officer then and there any or all of the person’s personal details.

(3) If an authorised officer or police officer suspects on reasonable grounds that a personal detail given by a person in response to a direction is false or misleading, the officer may direct the person to produce evidence then and there of the correctness of the detail.

(4) A person commits an offence if—

(a) the person is subject to a direction under subsection (2) or (3); and

(b) the person—

(i) engages in conduct that results in a contravention of the direction; or

(ii) gives any detail that is false or misleading in a material particular in purported response to the direction; or

(iii) produces any evidence that is false or misleading in a material particular in purported response to the direction.

Penalty: $5 000.

(5) Subsection (4)(b)(iii) does not apply if the person has a reasonable excuse.

(6) In proceedings for an offence of contravening a direction under subsection (2) in relation to a failure to state a business address, it is a defence if the person charged establishes that—

(a) the person did not have a business address; or

(b) the person’s business address was not connected (directly or indirectly) with road transport involving vehicles.

40W—Direction to produce records, devices or other things

(1) An authorised officer or police officer may, for compliance purposes, direct any responsible person to produce—

(a) any records required to be kept under an Australian road law; or

(b) any records comprising transport documentation or journey documentation in the person’s possession or under the person’s control; or

(c) any records, or any devices or other things that contain or may contain records, in the person’s possession or under the person’s control relating to or indicating—

(i) the use, performance or condition of a vehicle; or

(ii) ownership, insurance or registration of a vehicle; or

(iii) any load or equipment carried or intended to be carried by a vehicle (including insurance of any such load or equipment); or

(d) any records, or any devices or other things that contain or may contain records, in the person’s possession or under the person’s control demonstrating that a vehicle’s garage address recorded in the relevant register is or is not the vehicle’s actual garage address.

(2) The direction must—

(a) specify—

(i) the records, devices or other things; or

(ii) the classes of records, devices or other things,

that are to be produced; and

(b) state where, when and to whom the records, devices or other things are to be produced.

(3) The officer may do any or all of the following:

(a) inspect records, devices or other things that are produced;

(b) make copies of, or take extracts from, records, devices or other things that are produced;

(c) seize and remove records, devices or other things that are produced that the officer believes on reasonable grounds may on further inspection provide evidence of an Australian road law offence.

(4) A person commits an offence if—

(a) the person is subject to a direction under subsection (1); and

(b) the person engages in conduct that results in a contravention of the direction.

Penalty: $5 000.

(5) Subsection (4) does not apply if the person has a reasonable excuse.

40X—Direction to provide information

(1) An authorised officer or police officer may, for compliance purposes, direct a responsible person to provide information to the officer about a vehicle or any load or equipment carried or intended to be carried by a vehicle.

(2) Without limiting the above, a direction under subsection (1) may require a responsible person who is associated with a particular vehicle to do any or all of the following:

(a) to state the name, home address and business address of—

(i) other responsible persons of specified types who are associated with the vehicle; and

(ii) if so requested, in the case of a combination, the registered operator of each vehicle in the combination;

(b) to provide information about the current or intended trip of the vehicle, including—

(i) the location of the start or intended start of the trip; and

(ii) the route or intended route of the trip; and

(iii) the location of the destination or intended destination of the trip.

(3) A person commits an offence if—

(a) the person is subject to a direction under subsection (1); and

(b) the person—

(i) engages in conduct that results in a contravention of the direction; or

(ii) the person provides any information that is false or misleading in a material particular in purported response to the direction.

Penalty: $10 000.

(4) In proceedings for an offence of contravening a direction under subsection (1), it is a defence if the person charged establishes that the person did not know and could not be reasonably expected to know or ascertain the required information.

(5) In proceedings for an offence of contravening a direction under subsection (1) in relation to a failure to state another person’s business address, it is a defence if the person charged establishes that—

(a) the other person did not have a business address; or

(b) the other person’s business address was not connected (directly or indirectly) with road transport involving vehicles.

40Y—Direction to provide reasonable assistance for powers of inspection and search

(1) An authorised officer or police officer may direct a responsible person to provide assistance to the officer to enable the officer effectively to exercise a power under Subdivision 4.

(2) Without limiting the above, the assistance may include helping the officer to do any or all of the following:

(a) to find and gain access to any records or information, including, but not limited to, electronically stored information;

(b) to weigh or measure—

(i) the whole or any part of a vehicle, including an axle or axle group; or

(ii) the whole or any part of its equipment or load;

(d) to provide access free of charge to photocopying equipment for the purpose of copying any records or other material.

(3) This section authorises the giving of a direction to run the engine of a vehicle, but not otherwise to drive the vehicle.

(4) A direction—

(a) can only be given in relation to a power under Subdivision 4 (the principal power) while the principal power can lawfully be exercised; and

(b) ceases to be operative if the principal power ceases to be exercisable.

(5) A person commits an offence if—

(a) the person is subject to a direction under subsection (1); and

(b) the person engages in conduct that results in a contravention of the direction.

Penalty: $10 000.

(6) Subsection (5) does not apply if—

(a) the direction is unreasonable; or

(b) without limiting the above, the direction or its subject-matter is outside the scope of the business or other activities of the person.

(7) If the responsible person to whom a direction to run the engine of a vehicle is given under this section fails to comply with the direction or no responsible person is available or willing to do so, the officer may—

(a) enter the vehicle and run its engine; or

(b) authorise any other person to do so.

40Z—Provisions relating to running engine

(1) This section applies to a person (the authorised person) who is—

(a) a responsible person to whom a direction is given by an officer under section 40Y; or

(b) an officer authorised by section 40Y(7) to run the engine of a vehicle; or

(2) The authorised person may run the engine even though the person is not qualified to drive the vehicle, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle who is more capable of running the engine than the authorised person and who is fit and willing to run the engine.

(3) The authorised person may use reasonable force in complying with the direction to run the engine or when acting under the authority of section 40Y(7) to run the engine.

(4) It is immaterial that the authorised person is not authorised to run the engine.

(5) The authorised person is, in complying with the direction to run the engine or when acting under the authority of section 40Y(7) to run the engine, exempt from any other road law to the extent that the other law would require him or her to be licensed or otherwise authorised to do so.

41—Manner of giving directions under Subdivision

(1) A direction under this Subdivision may be given orally, in writing or in any other manner.

(2) A direction not given in person may be sent or transmitted by post, telephone, facsimile, electronic mail, radio or in any other manner.

41A—Directions to state when to be complied with

(1) If given orally, a direction under this Subdivision must state whether it is to be complied with then and there or within a specified period.

(2) If given in writing, a direction under this Subdivision must state the period within which it is to be complied with.

Subdivision 6—Warrants

41B—Warrants

(1) This section applies if an authorised officer or police officer believes on reasonable grounds that—

(a) there may be at particular premises, then or within the next 72 hours, records, devices or other things that may provide evidence of an Australian road law offence; or

(b) a vehicle has been or may have been involved in an accident and—

(i) the vehicle is or has been located at particular premises; or

(ii) particular premises are or may be otherwise connected (directly or indirectly) with the vehicle or any part of its equipment or load.

(2) The officer may apply to a magistrate for a warrant authorising the officer to exercise a power to enter and search the premises under section 40T.

(3) An application for a warrant may be made personally or by telephone or other means authorised under the regulations.

(4) A magistrate may, on an application for a warrant under this section, issue the warrant if satisfied that the warrant is reasonably required in the circumstances.

(5) A warrant under this section—

(a) must specify—

(i) the person authorised to exercise the powers conferred by the warrant; and

(ii) the period for which the warrant will be in force (being a period not longer than 90 days); and

(b) may contain conditions and limitations; and

(c) may, on application by the person named in the warrant, be varied or renewed (and the provisions of this Act will apply in relation to such an application in the same way as if it were an application for the issue of a warrant).

(6) The Governor may make regulations governing the making of applications and the issuing of warrants under this section.

Subdivision 7—Other provisions regarding inspections and searches

41C—Use of assistants and equipment

(1) An authorised officer or police officer may exercise powers under this Division with the aid of such assistants and equipment as the officer considers reasonably necessary in the circumstances.

(2) Powers that may be exercised by an authorised officer or police officer under this Division may be exercised by an assistant authorised and supervised by the officer, but only if the officer considers that it is reasonably necessary in the circumstances that the powers be exercised by an assistant.

41D—Use of equipment to examine or process things

(1) Without limiting section 41C, an authorised officer or police officer exercising a power under this Division may bring to, or onto, a vehicle or premises any equipment reasonably necessary for the examination or processing of things found in, on or at the vehicle or premises in order to determine whether they are things that may be seized.

(2) If—

(a) it is not practicable to examine or process the things at the vehicle or premises; or

(b) the occupier of the vehicle or premises consents in writing,

the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized.

(3) The officer, or a person assisting the officer, may operate equipment already in, on or at the vehicle or premises to carry out the examination or processing of a thing found in, on or at the vehicle or premises in order to determine whether it is a thing that may be seized, if the officer or person assisting believes on reasonable grounds that—

South Australian Bills

STATUTES AMENDMENT (ROAD TRANSPORT COMPLIANCE AND ENFORCEMENT) BILL 2006