Australian Capital Territory Numbered Acts

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ROAD TRANSPORT (GENERAL) ACT 1999 (NO. 77 OF 1999) - SECT 60

Police officer or authorised person may require people to disclose identity of driver (NSW s 21, MTA s 174)

(1)     If the driver of a motor vehicle is alleged to have committed an offence against the road transport legislation—

        (a)     the responsible person for the vehicle, or the person in possession of the vehicle, must, when required to do so by a police officer or authorised person, give information (which must, if so required, be given in the form of a written statement signed by the person) about the name and home address of the driver at the time of the offence; and

        (b)     anyone else must, when required to do so by a police officer or authorised person, give any information that the person can give that may lead to the identification of the driver.

Maximum penalty:     20 penalty units.

(2)     It is a defence to a prosecution for an offence against paragraph (1) (a) if the defendant establishes that he or she did not know and could not with reasonable diligence have found out the driver's name and home address.

(3)     If—

        (a)     a written statement purporting to be given under paragraph (1) (a) is produced in court in a prosecution of the person named in the statement as the driver of a vehicle at the time of an alleged offence against the road transport legislation; and

        (b)     the person does not appear before the court; and

        (c)     a copy of the statement was served on the person before the proceeding was begun;

the statement is evidence without proof of signature that the named person was the driver of the vehicle at that time.



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