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DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 59

Direction to produce record, device or other thing

    (1)     An authorised person may, for compliance purposes, direct a person to produce—

        (a)     a record required to be kept under this Act by the person; or

        (b)     a record required to be kept under this Act in the person's possession or under the person's control.

Note 1     For when a function is exercised for compliance purposes , see s 9.

Note 2     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Note 3     See also s 67 (Protection from incrimination).

    (2)     The direction must state—

        (a)     the record, device or other thing that is to be produced; and

        (b)     where and to whom the record, device or other thing is to be produced.

Note     Section 64 deals with the time for compliance.

    (3)     The authorised person may do 1 or more of the following:

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

        (b)     make copies of, or take extracts from, records, devices or other things that are produced;

        (c)     seize and remove records, devices or other things that are produced that the authorised person believes on reasonable grounds may on further inspection provide evidence of an offence against this Act.

Note 1     How a direction may be given is dealt with in s 63.

Note 2     General provisions about directions are in pt 3.4.

Note 3     Information obtained under this part may, for law enforcement, be given to a public authority of another jurisdiction (see s 181).



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