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HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2018 - SECT 21

Amendment of s 568 (Power to require production of document etc. required to be in driver’s possession)

21 Amendment of s 568 (Power to require production of document etc. required to be in driver’s possession)

(1) Section 568 (2) and (3)—
omit, insert—
(2) An authorised officer may, for compliance purposes, require the driver of the heavy vehicle to produce for inspection by the officer—
(a) if the driver is required by another law of this jurisdiction to keep their driver licence in their possession while driving the vehicle—the driver’s driver licence; or
(b) a document, device or other thing the driver is required under this Law to keep in the driver’s possession while driving the vehicle.
Examples—
• a copy of a Commonwealth Gazette notice or permit
• a work diary
Note—
Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.
(3) A person of whom a requirement is made under subsection (2) must comply with the requirement, unless the person has a reasonable excuse.
Penalty—
Maximum penalty—
(a) for a requirement under paragraph (2)(a)—$6000; or
(b) for a requirement under paragraph (2)(b)—an amount equal to the amount of the maximum penalty for an offence of failing to keep the document, device or other thing in the driver’s possession.
(2) Section 568 (4) (a) and (8), before ‘document’—
insert—
licence,
(3) Section 568 (4)
insert—
Note—
Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer.
(4) Section 568 (5) (a) , before ‘document’—
insert—
licence or
(5) Section 568 (6)
omit, insert—
(6) If, under subsection (5), the authorised officer copies, takes an extract from, or produces an image or writing from, a licence or document or an entry in a document, the officer may require the person responsible for keeping the licence or document to certify the copy as a true copy of the licence, document or entry.



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