ROAD TRAFFIC ACT 1961 - SECT 40X
ROAD TRAFFIC ACT 1961 - SECT 40X
40X—Direction to provide information
(1) An authorised
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.
Maximum 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.