39—Production of identification
(1) This section
applies to powers conferred on authorised officers under a road law, but only
if the physical presence of an officer at the scene is necessary for the
exercise of the power.
(2) An
authorised officer (other than a police officer) must not exercise a power
unless an identity card has been issued to, or designated for, the officer.
(3) An authorised
officer (other than a police officer) who is exercising or about to exercise a
power is required to comply with a request to identify themself, by producing
the officer's identity card.
(4) A police officer
who is exercising or about to exercise a power is required to comply with a
request to identify themself, by—
(a)
producing the officer's police identification; or
(b)
stating orally or in writing the officer's surname, rank and identification
number.
(5) An
authorised officer is required to comply with a requirement under
subsection (3) or (4)—
(a)
immediately; or
(b) if
it is not practicable to comply with the requirement immediately—as soon
as practicable afterwards.
(6) An
authorised officer need only identify themself once to a particular person
during the course of an incident, even though more than one power is being
exercised during the course of the incident.
(7) In this
section—
"incident" means—
(a) a
single incident; or
(b) a
connected series of incidents involving the same or substantially the same
parties and occurring during a period of 72 hours;
"power" means a power under an Australian road law;
"request", in relation to the exercise of a power, means a request made by a
person (if any) in respect of whom the power is being or is about to be
exercised.