ROAD TRAFFIC ACT 1961 - SECT 39

ROAD TRAFFIC ACT 1961 - SECT 39

39—Production of identification

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

        (2)         An authorised officer (other than a police officer) must not exercise a power unless an identity card has been issued to, or designated for, the officer.

        (3)         An authorised officer (other than a police officer) who is exercising or about to exercise a power is required to comply with a request to identify themself, by producing the officer's identity card.

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

            (a)         producing the officer's police identification; or

            (b)         stating orally or in writing the officer's surname, rank and identification number.

        (5)         An authorised 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 need only identify themself 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.