Queensland Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (QUEENSLAND) - SECT 567

567 Power to require name, address and date of birth

(1) This section applies if an authorised officer—

(a) finds a person committing an offence against this Law; or

(b) finds a person in circumstances that lead the officer to reasonably suspect the person has committed an offence against this Law; or

(c) has information that leads the officer to reasonably suspect a person has committed an offence against this Law; or

(d) reasonably suspects a person is or was the driver of or other person in charge of a heavy vehicle that has been or may have been involved in an incident involving the death of, or injury to, a person or damage to property; or

(e) reasonably suspects a person is or may be a responsible person for a heavy vehicle; or

(f) reasonably suspects a person is or may be able to help in the investigation of an offence against this Law.

(2) The authorised officer may require the person to state the person’s name, address and date of birth.

(3) The authorised officer may also require the person to give evidence of the correctness of the stated name, address or date of birth if—

(a) the officer reasonably suspects that the stated name, address or date of birth is incorrect; and

(b) in the circumstances, it would be reasonable to expect the person to—

(i) be in possession of evidence of the correctness of the stated name, address or date of birth; or

(ii) otherwise be able to give the evidence.

(4) A person of whom a requirement is made under subsection (2) or (3) must comply with the requirement, unless the person has a reasonable excuse.

Penalty—

Maximum penalty—$3000.

(5) If a person of whom a requirement is made under subsection (2) or (3) requests, when the requirement is made, the authorised officer to produce the officer’s identification details, the officer must as soon as practicable produce for the inspection of the person—

(a) for an authorised officer who is a police officer—an identity card or other document evidencing the officer’s appointment as a police officer; or

(b) for an authorised officer who is not a police officer—the identity card issued to the officer under this Law or another document evidencing the officer’s appointment as an authorised officer.

(6) Subsection (5) (a) does not apply to a police officer in uniform.

(7) In a proceeding for an offence of contravening a requirement made under subsection (2) to state a business address, it is a defence for the person charged to prove that—

(a) the person did not have a business address; or

(b) the person’s business address was not connected, directly or indirectly, with road transport involving heavy vehicles.

(8) This section does not authorise an authorised officer to impose a requirement under this section in relation to an incident that involves the death of, or injury to, a person unless the authorised officer is a police officer.

(9) In this section—

"address" , of a person, includes the person’s residential and business address and, for a person temporarily in this jurisdiction, includes the place where the person is living in this jurisdiction.