Section 59(1) of the Road Safety Act 1986 (Vic) confers an implied power on police to stop drivers and request production of licences for random checks, but police demands for identification from persons not suspected of any offence and not subject to any statutory power breach the right to privacy under s 13(a) of the Charter. Evidence obtained as a consequence of such a breach may be excluded under s 138(1) of the Evidence Act 2008 (Vic). The principle of legality and the obligation of Charter-consistent interpretation are complementary principles that reinforce each other when interpreting statutes affecting fundamental rights.
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