ROAD TRAFFIC ACT 1961 - SECT 40V

ROAD TRAFFIC ACT 1961 - SECT 40V

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

            (c)         the address of where the person is living; and

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

            (e)         the person's business address.

        (2)         If an authorised 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 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.

Maximum 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.