Power to require reasonable help
577 Power to require reasonable help
An authorised officer who enters a place under this Chapter may require an occupier of the place or a person at the place to give the officer reasonable help to exercise a power under this Chapter.
An authorised officer who is exercising a power under this Chapter in relation to a heavy vehicle on a road may require the vehicle’s driver to give the officer reasonable help to exercise the power.
Without limiting subsection (1) or (2), a requirement under the subsection may be that the occupier, person or driver—
produce a document or give information to the authorised officer; or
Example—
The authorised officer wishes to obtain information relating to the purpose of the entry. Information of that type is stored or recorded on a computer at the place. The authorised officer may require the occupier to give reasonable help to produce a reproduction of the information from the computer.
Note—
Section 17 of Schedule 1 and section 490 deal with the production of documents and other information kept electronically.
help the authorised officer to find and gain access to a document or information, including electronically stored information; or
Examples of documents or information—
• a document about the heavy vehicle’s performance, specifications (including the dimensions and other physical attributes of the vehicle or its fittings), functional capabilities (including the vehicle’s GVM, GCM and speed capabilities) or authorised operations required to be kept in the vehicle under this Law or a heavy vehicle accreditation
• a weighing document for a container loaded on to the heavy vehicle
• a telephone record
help the authorised officer to weigh or measure—
a heavy vehicle or a component of a heavy vehicle; or
the whole or part of a heavy vehicle’s load or equipment; or
start or stop the engine of a heavy vehicle under section 523; or
help the authorised officer to operate equipment or facilities for a purpose relevant to the power being or proposed to be exercised; or
provide access free of charge to photocopying equipment for the purpose of copying any records or other material.
A person of whom a requirement is made under subsection (1) or (2) must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty—$10000.
Without limiting what may be a reasonable excuse for the purposes of subsection (4), it is a reasonable excuse for a person not to comply with a requirement made under subsection (1) or (2) if doing so would require the person to take action that is outside the scope of the business or other activities of the person.
It is not a reasonable excuse for a person to fail to comply with a requirement made under subsection (1) or (2), in relation to a document or information that is the subject of the requirement, if doing so might tend to incriminate the person or make the person liable to a penalty.
Notes—
1 Section 587 also deals with self-incrimination when complying with a requirement of an authorised officer.
2 Section 588 deals with the admissibility of information provided in complying with a requirement under this section.
If a requirement made under subsection (1) or (2) is that the occupier of, or person at, a place start or stop the engine of a heavy vehicle—
it is immaterial that the occupier or person is not—
the operator of the vehicle; or
authorised by the operator to drive the vehicle or start or stop its engine; or
qualified to drive the vehicle or start or stop its engine; and
in starting or stopping the engine of the vehicle in compliance with the requirement, the occupier or person is exempt from a provision of an Australian road law to the extent the provision would require the occupier or person to be qualified to start or stop the engine.
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