Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_41
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 41
Character Range: 96001–97467

41  Direction to produce driver licence

Definition
 (1) In this section:
driver of a vehicle or combination includes, where the driver is a driver under instruction, the holder of a driver licence occupying the seat in or on the vehicle or combination next to the driver.
Note: The term "driver licence" is defined in section 6 (Definitions) to include a licence or permit issued elsewhere than in this jurisdiction, and also to include a licence, permit or document of a kind prescribed by the regulations.

Direction to produce driver licence
 (2) An authorised officer or police officer may direct a driver of a vehicle or combination to produce his or her driver licence then and there to the officer.

Offence of contravening direction
 (3) A person commits an offence if:
 (a) the person is subject to a direction under subsection (2); and
 (b) the person engages in conduct that results in a contravention of the direction.
 (4) It is immaterial whether or not the person has the driver licence in his or her immediate possession.

Nature of offence
 (5) The offence is an offence of absolute liability.

Defences
 (6)
Note: Any defence (eg a defence of reasonable excuse and later production; or a defence of failure to warn the driver that failure to comply is an offence) will be a matter for jurisdictional provisions.

Other laws not affected
 (7) This section does not affect any other law that requires a person to carry or produce a driver licence.