Australian Capital Territory Numbered Acts

ROAD TRANSPORT (GENERAL) ACT 1999 (NO. 77 OF 1999) - SECT 59

(1)     A police officer or authorised person may, with no authority other than this section, seize an Australian driver licence or external driver licence, or anything resembling an Australian driver licence or external driver licence, if—

        (a)     it is produced to the police officer or authorised person by someone representing it to be the person's Australian driver licence or external driver licence; and

        (b)     the police officer or authorised person suspects on reasonable grounds—

              (i)     that it has been obtained in contravention of section 29 (Obtaining licence by false statements etc) of the Road Transport (Driver Licensing) Act 1999 , a corresponding law (within the meaning of that Act) or the law of an external Territory or foreign country; or

              (ii)     that it is unlawfully in the person's possession.

(2)     If a person produces an Australian driver licence or external driver licence, or anything resembling an Australian driver licence or external driver licence, to a police officer or authorised person and represents it to be the person's Australian driver licence or external driver licence, the police officer or authorised person may provide the person with adequate writing materials and require the person to provide a specimen of his or her signature on the approved form or in a way prescribed under the regulations.

(3)     A person must not, without reasonable excuse, fail to comply with a request under subsection (2).

Maximum penalty:     20 penalty units.

(4)     The grounds on which a suspicion, sufficient to authorise the seizure of an Australian driver licence or external driver licence or anything else (the licence or article ) under this section, may be formed include (but are not limited to) any 1 or more of the following:

        (a)     a lack of resemblance between the person shown in a photograph attached to or forming part of the licence or article, purporting to be a photograph of the holder, and the person who produced it;

        (b)     a lack of resemblance between a signature on the licence or article, purporting to be the signature of the holder, and a specimen signature provided by the person who produced the licence or article;

        (c)     a refusal by the person, after producing the licence or article, to comply with a requirement under subsection (2).

(5)     An Australian driver licence, external driver licence or anything else seized under this section must immediately be given to the road transport authority.

(6)     If the road transport authority is satisfied that an Australian driver licence or external driver licence given to the authority was lawfully in the possession of the person who produced it, the authority must return it to the person.

(7)     The road transport authority may deal with anything else given to the authority under this section in the way the authority considers appropriate.