Australian Capital Territory Consolidated Acts

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ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 58

Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider

    (1)     A police officer or authorised person may, in the execution of any of his or her functions under the road transport legislation, require the driver of a vehicle, or the rider of an animal, to do any or all of the following:

        (a)     for the driver of a motor vehicle—produce the person's Australian driver licence or external driver licence;

        (b)     state the person's name;

        (c)     state the person's date of birth;

        (d)     state the person's home address.

    (2)     A person commits an offence if the person fails to comply with a request made by a police officer or authorised person under subsection (1).

Maximum penalty: 20 penalty units.

Note     It is an offence to produce false or misleading documents (see Criminal Code, s 339).

    (3)     An offence against this section is a strict liability offence.

    (4)     It is a defence to a prosecution for an offence against subsection (1) (a) if the defendant proves that the defendant—

        (a)     was not the driver of a heavy vehicle, or heavy combination, when required to produce the licence; and

        (b)     has a reasonable excuse for failing to produce the licence when required to do so; and

        (c)     within 3 days after being required to produce the licence, produces the licence at a place prescribed by regulation or as directed by the police officer or authorised person.

Note      A defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).



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