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HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 569
Power to require production of documents etc. generally
569 Power to require production of documents etc. generally
(1) An authorised officer may require a responsible person for a heavy vehicle
to make available for inspection by an authorised officer, or to produce to an
authorised officer for inspection, at a reasonable time and place nominated by
the officer-- (a) a document issued to the person under this Law; or
(b) a
document, device or other thing required to be kept by the person under this
Law or a heavy vehicle accreditation; or
(c) transport documentation or
journey documentation in the person's possession or under the person's
control; or
(d) a document in the person's possession or under the person's
control relating to-- (i) the use, performance or condition of a heavy
vehicle; or
(ii) the ownership, insurance, licensing or registration of a
heavy vehicle; or
(iii) the load or equipment carried or intended to be
carried by a heavy vehicle, including, for example, a document relating to
insurance of the load or equipment; or
(e) a document in the person's
possession or under the person's control relating to any business practices;
or
(f) a document in the person's possession or under the person's control
showing that a heavy vehicle's garage address recorded on a vehicle register,
however named, kept under another Australian road law is or is not the
vehicle's actual garage address.
Note--: Section 17 of Schedule 1 and
section 490 deal with the production of documents and other information kept
electronically.
(2) A person of whom a requirement is made under subsection
(1) must comply with the requirement, unless the person has a reasonable
excuse. : Maximum penalty--$6000.
Editorial note--: See also section 737
(Increase of penalty amounts).
(3) If, under subsection (1), an authorised
officer requires a responsible person to make available or produce an
electronic document-- (a) the authorised officer may require the responsible
person to make available or produce-- (i) a printed copy of the electronic
document; or
(ii) an electronic copy of the document; and
(b) compliance
with the requirement made under subsection (1) requires the making available
or production of the document in the way required under paragraph (a).
Notes--: 1 See the definitions
"document" and
"printed" in section 12 of Schedule 1.
2 Section 17 of Schedule 1 and
section 490 also deal with the production of documents and other information
kept electronically.
(4) It is not a reasonable excuse for the person to fail
to comply with a requirement made under subsection (1) that complying with the
requirement might tend to incriminate the person or make the person liable to
a penalty. Notes--: 1 Section 587 also deals with self-incrimination when
complying with a requirement of an authorised officer.
2 Section 588 deals
with the admissibility of information provided in complying with a requirement
under this section.
(5) The authorised officer may-- (a) take a copy of, or
an extract from, a document mentioned in subsection (1); or
(b) produce an
image or writing from a document mentioned in subsection (1) that is an
electronic document; or
(c) take an extract from a device or other thing
mentioned in subsection (1)(b), including, for example-- (i) by taking a copy
of, or an extract from, a readout or other data obtained from the device or
other thing; or
(ii) by accessing and downloading information from the device
or other thing; or
(d) seize a document, device or other thing mentioned in
subsection (1) if the authorised officer reasonably believes the document,
device or other thing may provide evidence of an offence against this Law.
(6) If, under subsection (5), the authorised officer copies, takes an extract
from, or produces an image or writing from, a document or an entry in a
document, the officer may require the person responsible for keeping the
document to certify the copy as a true copy of the document or entry.
(7) A
person of whom a requirement is made under subsection (6) must comply with the
requirement, unless the person has a reasonable excuse. : Maximum
penalty--$3000.
Editorial note--: See also section 737 (Increase of penalty
amounts).
(8) If a document, device or other thing is produced to an
authorised officer under this section and it is not seized under subsection
(5)(d), the officer must return it to the person who produced it-- (a) as soon
as practicable after the officer inspects it; or
(b) if the officer takes a
copy of, extract from, or produces an image or writing from, it under
subsection (5)(a), (b) or (c), as soon as practicable after the copy or
extract is taken or the image or writing is produced.
(9) However, if a
requirement is made of the person under subsection (6) for a document, the
authorised officer may keep the document until the person complies with the
requirement.
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