Victorian Current Acts

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ROAD SAFETY ACT 1986 - SECT 132

Power to require production of documents and related items

    (1)     An inspector may, for compliance purposes, direct a responsible person to provide to the inspector

        (a)     any transport or journey documentation relating to the use of a heavy vehicle; and

        (b)     any document required to be kept under a relevant law or scheme in relation to heavy vehicles; and

        (c)     any documents, devices or other things in his, her or its possession or control relating to or indicating—

              (i)     the use, performance or condition of a heavy vehicle; or

              (ii)     the ownership, insurance or registration of a heavy vehicle; or

              (iii)     any load or equipment carried or intended to be carried by a heavy vehicle (including insurance of any such load or equipment); or

        (d)     any documents, devices or other things in his, her or its possession or control demonstrating that an alleged garage address of a heavy vehicle is the actual garage address of the vehicle.

    (2)     The direction must state where and to whom the documents, devices or other things are to be produced.

    (3)     In giving a direction, the inspector may specify particular documents, devices or other things, or particular classes of documents, devices or other things.

    (4)     The inspector may do any or all of the following—

        (a)     inspect any documents, devices or other things that are produced;

        (b)     copy any documents, devices or other things that are produced;

        (c)     seize and remove any documents, devices or other things that are produced that the inspector believes on reasonable grounds provide, or may on further inspection provide, evidence of a contravention of a relevant law or scheme.

    (5)     A responsible person must not, without reasonable excuse, refuse or fail to comply with a direction made under subsection (1).

Penalty:     applying to this subsection: 60 penalty units.

S. 133 inserted by No. 44/2003 s. 3.



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