Verbatims Flashcards
Police Caution
“I am now going to ask you some further questions. You are not obliged to answer them, but anything you do say may be given in evidence. Do you understand?”
SOA 74AB(1) Questions as to identify driver
“A police officer may ask a person questions for the purpose of obtaining information, that may lead to the identification of the person who was driving, or was the owner of, a vehicle on a particular occasion or at a particular time”
RTA s40V (1 & 2) - definition of personal details for this section. Direction to give name & other personal details
40V—Direction to give name and other personal details
(1)In this section— personal details, in relation to a person, means—
(a) the person’s full name; and
(b) the person’s date of birth; and
(c) the address of where the person is living; and
(d) the address of where the person usually lives; and
(e) the person’s business address.
(2) If an authorised officer suspects on reasonable grounds that a natural person whose personal details are unknown to the officer—
(a) is or may be a responsible person; or
(b) has committed or is committing or is about to commit an Australian road law offence; or
(c) may be able to assist in the investigation of an Australian road law offence or a suspected Australian road law offence; or
(d) is or may be the driver or other person in charge of a vehicle that has been or may have been involved in an accident,
the officer may direct the person to give the officer then and there any or all of the person’s personal details.
ARR Rule 304 - Directions by police office/other authorised person
304—Direction by a police officer or authorised person
(1) A person must obey any reasonable direction for the safe and efficient regulation of traffic given to the person by a police officer or authorised person, whether or not the person may contravene another provision of the Australian Road Rules by obeying the direction.
RTA s145 (1a, 1b, 2) - defects
(1a) An authorised officer may direct the driver of a vehicle to stop the vehicle and may examine the vehicle if the vehicle has deficiencies or the officer suspects on reasonable grounds that the vehicle has deficiencies.
(1b) Despite subsection (1a), an authorised officer may direct the driver of a vehicle of a prescribed class to stop the vehicle and may examine the vehicle for the purposes of determining whether the vehicle has deficiencies (whether or not there is reason to suspect that the vehicle has deficiencies).
(2) If an authorised officer suspects on reasonable grounds that a vehicle has deficiencies, the officer may direct the owner, the operator or the person in charge of the vehicle to produce it for examination at a specified time and place.
