Australian Capital Territory Numbered Acts

ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) ACT 2009 (NO. 22 OF 2009) - SECT 321

    (1)     A police officer or authorised person may, for compliance purposes, direct a responsible person for a heavy vehicle or heavy combination to produce—

        (a)     a record required to be kept under an Australian heavy vehicle road law; or

        (b)     a record comprising transport documentation or journey documentation in the person's possession or under the person's control; or

        (c)     a record, device or other thing that contains or may contain a record, in the person's possession, or under the person's control, relating to or indicating—

              (i)     the use, performance or condition of a vehicle or combination; or

              (ii)     ownership, insurance or registration of a vehicle or combination; or

              (iii)     a load or equipment carried, or intended to be carried, by a vehicle or combination (including insurance of the load or equipment); or

        (d)     a record, devices or other thing that contains or may contain a record, in the person's possession or under the person's control, demonstrating that a vehicle's garage address recorded in the relevant register is the vehicle's actual garage address.

Note     Section 307 defines when a power to give a direction to a person is exercised for compliance purposes .

    (2)     The direction must state—

        (a)     the record, device or other thing that is to be produced; and

        (b)     where and to whom the record, device or other thing is to be produced.

Note     Section 328 deals with the time for compliance.

    (3)     The police officer or authorised person may do 1 or more of the following:

        (a)     inspect records, devices or other things that are produced;

        (b)     make copies of, or take extracts from, records, devices or other things that are produced;

        (c)     seize and remove records, devices or other things that are produced that the officer or person believes on reasonable grounds may on further inspection provide evidence of an Australian heavy vehicle road law offence.

Note 1     For s (3) (c), a record, device or other thing seized under this chapter, or information obtained under this chapter, may, for law enforcement purposes, be given to a public authority of another jurisdiction (see  s 504).

Note 2     General provisions about directions are in div 3.1.5.