Commonwealth Numbered Acts

INTERSTATE ROAD TRANSPORT ACT 1985 No. 130 of 1985 - SECT 45

45. (1) Where a Regulatory Authority has reason to believe that a person is
capable of furnishing information or producing documents relevant to the
performance of the functions of the Regulatory Authority under this Act or the
regulations or relating to a contravention or possible contravention of this
Act or the regulations or of a relevant safety provision, the Regulatory
Authority may, by notice in writing served on the person, require the person -

   (a)  to give to the Regulatory Authority, by writing signed by the person
        or, in the case of a body corporate, by a competent officer of the
        body corporate, within the time and in the manner specified in the
        notice, any such information; or

   (b)  to produce to the Regulatory Authority, or to a person specified in
        the notice acting on behalf of the Regulatory Authority, in accordance
        with the notice, any such document.

(2) A person shall not, without reasonable excuse, refuse or fail to comply
with a notice under this section to the extent that the person is capable of
complying with it.
Penalty: $1,000.

(3) A person who, pursuant to a notice under this section, produces a document
that, to the knowledge of the person, is false or misleading in a material
particular shall, upon so producing the document, give to the person to whom
the first-mentioned person is required to produce the document, a statement in
writing signed by the first-mentioned person or, in the case of a body
corporate, by a competent officer of the body corporate -

   (a)  stating that the document is, to the knowledge of the first-mentioned
        person, false or misleading in a material particular; and

   (b)  setting out, or referring to, the material particular in respect of
        which the document is, to the knowledge of the first-mentioned person,
        false or misleading.
Penalty: $1,000 or imprisonment for 6 months, or both.

(4) A person is not excused from giving information or a statement, or from
producing a document, pursuant to this section on the ground that the
information or statement or the production of the document may tend to
incriminate the person, but the information or statement or the production of
the document is not admissible in evidence in a prosecution against the person
except in a prosecution -

   (a)  in the case of a person not being a body corporate - for an offence
        against section 47 that relates to this section; or

   (b)  in the case of a body corporate - for an offence against this Act or
        the regulations.

(5) A notice under sub-section (1) requiring the production of a document
shall include, or be accompanied by, a statement explaining the effects of
sub-section (3).

(6) A reference in sub-section (4) to an offence of a particular kind includes
a reference to an offence against -

   (a)  section 6, 7 or 7A of the Crimes Act 1914; or

   (b)  sub-section 86 (1) of the Act by virtue of paragraph (a) of that
        sub-section, being an offence that relates to an offence of that kind.