Australian Capital Territory Numbered Acts

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DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 76

Direction to give assistance

    (1)     An authorised person may direct a person who is involved in the transport of dangerous goods to give reasonable assistance to the authorised person to allow the authorised person effectively to exercise a function in relation to goods with which the person is involved.

    (2)     Without limiting subsection (1), the assistance may include helping the authorised person to do 1 or more of the following:

        (a)     find and gain access to a record or information relating to a vehicle, including but not limited to—

              (i)     a record or information required to be kept in a vehicle; or

              (ii)     a record or information in a useable form to find out its compliance with requirements under this Act;

Note     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).

        (b)     find and gain access to electronically stored information;

        (c)     weigh or measure—

              (i)     all or part of a vehicle; or

              (ii)     all or part of a vehicle's equipment or load;

        (d)     operate equipment or facilities for a purpose relevant to the function being or proposed to be exercised;

        (e)     give access to photocopying equipment to copy any records or other material;

        (f)     take a sample of any substance or packaging.

    (3)     This section authorises the giving of a direction to run the engine of a vehicle, but not otherwise to drive the vehicle.

    (4)     A direction—

        (a)     may only be given in relation to a function under this Act (the principal function ) while the principal function can lawfully be exercised; and

        (b)     ceases to be operative if the principal function ceases to be exercisable.

    (5)     A direction—

        (a)     may be given orally, in writing or in any other way; and

        (b)     if not given in person—may be sent or transmitted by post, telephone, fax, email, radio or in any other way.



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