Australian Capital Territory Numbered Acts

ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) ACT 2009 (NO. 22 OF 2009) - SECT 331

    (1)     A person is not excused from a requirement to comply with a direction under this chapter on the ground that complying with the requirement might incriminate the person or make the person liable to a penalty.

    (2)     However, the following is not admissible in evidence against the person in a criminal proceeding (except a proceeding for an offence against this chapter):

        (a)     a statement made or any information or answer given or provided by an individual in compliance with a direction under this chapter;

        (b)     information directly or indirectly derived from a statement, information or answer mentioned in paragraph (a).

    (3)     Any document produced by a person in compliance with a direction under this chapter is not inadmissible in evidence against the person in a criminal proceeding on the ground that the document might incriminate the person.

Note     The Legislation Act, s 170 deals with the application of the privilege against selfincrimination.

Note 1     This part authorises—

        (a)     premises of operators and a range of other premises to be inspected and searched; and

    (b)     vehicles or combinations to be inspected in the premises and on roads, road related areas, public places and some official premises.

Note 2     Other enforcement powers are in div 2.2.3.

Note 3     Div 3.1.2 (Directions to stop, move and leave heavy vehicles and heavy combinations) applies to a vehicle or combination located at premises if a police officer or authorised person is lawfully present after entry under this division.