Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies where a subsidy officer suspects that a subsidised product is, or is to be, transported in the Territory by motor vehicle—
(a) in a tank having a capacity, or tanks having a combined capacity, that exceeds a capacity prescribed by the regulations; or
(b) in a combined volume that exceeds a combined volume prescribed by the regulations.
(2) Where this section applies, a police officer, at the request of a subsidy officer, may request or signal the driver of the vehicle to stop the vehicle.
(3) A driver of a motor vehicle
shall not, without reasonable excuse, fail to stop the vehicle in compliance
with a request or signal under
subsection (2).
Penalty: 50 penalty units.
(4) The subsidy officer may request the driver to drive the vehicle to another place within a reasonable distance, as determined by the subsidy officer, where the subsidised product may be unloaded if the driver of the vehicle, on the request of a subsidy officer—
(a) does not produce a transportation record; or
(b) produces such a transportation record that the subsidy officer believes on reasonable grounds to be false or misleading in a material particular.
(5)
If the driver does not comply with a request under
subsection
(4), a police officer, at the request of the subsidy officer, may take charge
of the motor vehicle for the purpose of driving it, or causing it to be
driven, to the other place.
(6) As soon as practicable after arrival at the other place—
(a) the subsidy officer shall unload, and may seize, any subsidised product; and
(b) if such a product is seized—the subsidy officer shall give the driver a receipt for the product including a statement setting out the provisions of section 63.
(7)
A subsidy officer may exercise any applicable power referred to
in
section 60 in relation to a vehicle, or in relation to any person
travelling in a vehicle, required to stop under this section.
(8) In this section—
(a) section 55; or
(b) in relation to an investigation authorised under Part VI—a provision of a subsidy law of the relevant reciprocating jurisdiction that corresponds to section 55.