Australian Capital Territory Current Acts

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 58

    (1)     A police officer or authorised person may, in the execution of any of his or her functions under the road transport legislation, require the driver of a vehicle, or the rider of an animal, to do 1 or more of the following:

        (a)     for the driver of a motor vehicle—produce the person's Australian driver licence or external driver licence;

        (b)     for the rider of an animal—require the person to produce an identification document if the person is carrying an identification document;

        (c)     state the person's name;

        (d)     state the person's date of birth;

        (e)     state the person's home address.

Note     An authorised officer (within the meaning of the Heavy Vehicle National Law (ACT)

) may require a driver of a heavy vehicle to produce the driver's driver licence (see Law, s 568).

    (2)     A person commits an offence if the person fails to comply with a request made by a police officer or authorised person under subsection (1) (a), (c), (d) or (e).

Maximum penalty: 20 penalty units.

Note     It is an offence to produce false or misleading documents (see Criminal Code

, s 339).

    (3)     An offence against this section is a strict liability offence.

    (4)     It is a defence to a prosecution for an offence against subsection (1) (a) if the defendant proves that the defendant—

        (a)     was not the driver of a heavy vehicle, or heavy combination, when required to produce the licence; and

        (b)     has a reasonable excuse for failing to produce the licence when required to do so; and

        (c)     within 3 days after being required to produce the licence, produces the licence at a place prescribed by regulation or as directed by the police officer or authorised person.

Note      A defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code

, s 59).

    (5)     In this section:

"heavy combination"—see the Heavy Vehicle National Law (ACT)

, section 5.

"identification document", includes the following:

        (a)     an Australian driver licence or foreign driver licence;

        (b)     a proof of identity card issued under the Liquor Act 2010

, section 210 (Proof of identity cards), or a corresponding document issued under the law of a State;

        (c)     a passport;

        (d)     a student card;

        (e)     a document that contains a photograph that could reasonably be taken to be the person and states the person's name and date of birth.