Heavy Vehicle National Law Act 2012

This section applies if an authorised officer reasonably believes that a person is capable of giving information, providing documents or giving evidence—

in relation to a possible contravention of—

a safety duty; or

a duty of an executive under section 26D; or

that will assist the authorised officer to monitor or enforce compliance with—

a safety duty; or

a duty of an executive under section 26D.

The authorised officer may, by notice, require the person to give the information, documents or evidence to the authorised officer.

If the authorised officer, despite reasonable diligence, has not been able to obtain the information, documents or evidence under subsection (2), the authorised officer may, by notice given to the person, require the person to do either or both of the following—

give information or produce documents to the authorised officer within the time and in the way stated in the notice;

appear before a person appointed by the authorised officer on a day, and at a time and place, stated in the notice and give oral evidence.

The notice must state—

that—

the requirement is made under this section; and

failing to comply with the requirement is an offence; and

if the notice requires the person to give information or produce documents to the authorised officer—the time and way, that is reasonable in the circumstances, in which the person must give the information or documents; and

if the notice requires the person to give oral evidence—

the day, time and place, that is reasonable in the circumstances, for the person to appear before the person appointed by the authorised officer; and

that the person may appear with an Australian legal practitioner; and

the effect of—

subsections (7) and (8); and

section 735A.

The person must comply with a requirement under this section, unless the person has a reasonable excuse.

It is not a reasonable excuse for the person to fail to comply with a requirement made under this section on the ground that complying with the requirement might tend to incriminate the person or make the person liable to a penalty.

However, the following information, documents and evidence are not admissible as evidence against an individual in a civil or criminal proceeding, other than a proceeding for false or misleading information—

information, documents and evidence that the individual gives in complying with a requirement under this section;

information, documents and evidence that is directly or indirectly derived from information, documents or evidence mentioned in paragraph (a).

An authorised officer may act under this section only if—

for an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to act under this section; or

for an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may act under this section.