Document ID: chunk:federal_register_of_legislation:F2024C00392:clause:1_60
Version: federal_register_of_legislation:F2024C00392
Segment Type: clause
Provision Reference: sch 1 cl 60
Character Range: 78790–81310

60  Restoring vehicle or premises to original condition after action taken
 (1) This section applies where:
 (a) an authorised officer or a person authorised by the officer has taken action in the exercise or purported exercise of a power under this Part in relation to a vehicle or its equipment or load or in relation to any premises; and
 (b) damage was caused by the unreasonable exercise of the power or by the use of force that was not authorised under this Part.
 (2) The officer must take reasonable steps to return the vehicle, equipment, load or premises to the condition it was in immediately before the action was taken.

{61  Self‑incrimination
 (1) A person is not excused from complying with a direction given under this Part on the ground that compliance with the direction may result in information being provided that might incriminate the person.
 (2) A person required, in accordance with this Part:
 (a) to produce a record, or a device or other thing that contains or may contain a record; or
 (b) to provide information; or
 (c) to provide assistance;
is not excused from doing so on the ground that doing so may result in information being provided that might incriminate the person.
 (3) In proceedings for an offence of failing to comply with a direction under section 47 (Direction to provide information) or section 48 (Direction to provide reasonable assistance for powers of inspection and search), it is a defence if the person charged establishes that:
 (a) the person, in complying with the direction, would have been required to answer a question; and
 (b) the person objected to complying with the direction on the ground that the answer might incriminate the person; and
 (c) there were reasonable grounds for the objection.
 (4) In proceedings for an offence of failing to comply with a direction to produce records, devices or other things, to provide information or to provide reasonable assistance, it is a defence if the person charged establishes that:
 (a) the person, in complying with the direction, would have been required:
 (i) to locate, identify or reveal the whereabouts of a record; or
 (ii) to explain the contents of a record; and
 (b) the person objected to complying with the direction on the ground that the record (or the information in it) might incriminate the person; and
 (c) there were reasonable grounds for the objection.}
Note: Self‑incrimination will be dealt with as appropriate for each jurisdiction. These provisions are provided by way of example.