Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_45
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 45
Character Range: 103376–105767

45  Direction to provide information
 (1) An authorised officer or police officer may, for compliance purposes, direct a responsible person to provide information to the officer about a vehicle or combination or any load or equipment carried or intended to be carried by a vehicle or combination.
 (2) Without limiting the above, a direction under subsection (1) may require a responsible person who is associated with a particular vehicle or combination to do any or all of the following:
 (a) to state the name, home address and business address of:
 (i) other responsible persons of specified types who are associated with the vehicle or combination; and
 (ii) if so requested, in the case of a combination, the registered operator of each vehicle in the combination;
 (b) to provide information about the current or intended trip of the vehicle or combination, including:
 (i) the location of the start or intended start of the trip; and
 (ii) the route or intended route of the trip; and
 (iii) the location of the destination or intended destination of the trip.

Offence of contravening direction
 (3) A person commits an offence if:
 (a) the person is subject to a direction under subsection (1); and
 (b) the person engages in conduct that results in a contravention of the direction.

Offence of providing false or misleading information
 (4) A person commits an offence if:
 (a) the person is subject to a direction under subsection (1); and
 (b) the person provides any information that is false or misleading in a material particular in purported response to the direction.

Nature of offences
 (5) The offences under this section are offences of strict liability.

Defence of no knowledge
 (6) In proceedings for an offence of contravening a direction under subsection (1), it is a defence if the person charged establishes that the person did not know and could not be reasonably expected to know or ascertain the required information.

Defence about business address
 (7) In proceedings for an offence of contravening a direction under subsection (1) in relation to a failure to state another person's business address, it is a defence if the person charged establishes that:
 (a) the other person did not have a business address; or
 (b) the other person's business address was not connected (directly or indirectly) with road transport involving vehicles or combinations.