Direction to produce records, devices or other things
61C Direction to produce records, devices or other things
A police officer may, for RTA Part 6A compliance purposes, direct a person to produce any of the following —
a record required to be kept under the Road Traffic Act 1974 Part 6A (including any regulation made, or requirement imposed, under or for the purposes of that Part);
a record comprising RTA Part 6A documentation in the person’s possession or under the person’s control;
a device or other thing that contains or may contain a record referred to in paragraph (a) or (b), in the person’s possession or under the person’s control.
A direction under subsection (1) must —
specify —
the record, device or other thing that must be produced; or
the classes of record, device or other thing that must be produced;
and
state the manner in which each record, device or other thing must be produced; and
state that the direction must be complied with —
then and there; or
within a specified period.
Example for this subsection:
A direction may state that a record must be produced by sending an electronic version of the record to a specified email address within a specified period.
A police officer may do any or all of the following —
inspect a record, device or other thing that is produced;
make copies of, or take extracts from, a record, device or other thing that is produced;
seize and remove a record, device or other thing that is produced that the officer reasonably believes may on further inspection provide evidence of an RTA Part 6A offence.
A person to whom a direction is given under subsection (1) must not, without reasonable excuse, fail to comply with the direction.
Penalty for this subsection: a fine of 50 PU.
In subsection (4) —
reasonable excuse does not include the excuse that the production of a record, device or other thing that contains or may contain a record might tend to incriminate the person or make the person liable to a penalty.
Despite subsection (5), a record, device or other thing produced by a person in compliance with a direction under subsection (1) is not admissible in evidence in any proceedings against the person.
[Section 61C inserted: No. 38 of 2020 s. 14; amended: No. 15 of 2024 s. 17.]
This provision refers to the regulations (any regulation
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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