Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_29
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 29
Character Range: 70996–72710

29  Direction to move vehicle or combination: to enable exercise of other powers
 (1) An authorised officer or police officer may, for the purpose of or in connection with the exercise of other powers under this Act, direct the driver or operator of a vehicle or combination to move it or cause it to be moved to the nearest suitable location that is within the prescribed distance and specified by the officer.
 (2) 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.
 (3) The offence is an offence of strict liability.
 (4) In proceedings for an offence in relation to a contravention of a direction under subsection (1), it is a defence if the person charged establishes that:
 (a) it was not possible to move the vehicle or combination concerned because it was broken down; and
 (b) the breakdown occurred for a physical reason beyond the driver's or operator's control; and
 (c) the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.
 (5) In this section:
prescribed distance means a distance (in any direction) within a radius of 30 kilometres of:
 (a) the location of the vehicle or combination when the direction is given; or
 (b) any point along the forward route of the journey, if the direction is given in the course of a journey of the vehicle or combination.
suitable location means a location that the authorised officer or police officer concerned believes on reasonable grounds to be a suitable location having regard to any matters the officer considers relevant in the circumstances.