Australian Capital Territory Numbered Regulations

ROAD TRANSPORT LEGISLATION AMENDMENT REGULATION 2010 (NO 4) (NO 33 OF 2010) - REG 4

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7     Exemptions etc for protective service officers—appointment and identity cards

    (1)     A protective service officer is an authorised person for the Australian Road Rules, rule 304 (Direction by a police officer or authorised person).

    (2)     The Road Transport (General) Act 1999 , section 20 does not apply to an authorised person who is a protective service officer.

Note     Section 20 requires an authorised person to be issued with an identity card. A protective service officer's AFP-issued identity card is equivalent to an identity card issued for s 20.

    (3)     The Road Transport (General) Act 1999 , section 21 does not apply to an authorised person who is a protective service officer while the person is giving a direction under the Australian Road Rules, rule 304.

Note 1     Section 21 requires an authorised person to show the person's identity card before exercising a function under the road transport legislation.

Note 2     ARR r 304 requires a person to obey any reasonable direction for the safe and efficient regulation of traffic given to the person by a police officer or authorised person.

    (4)     However, before giving a direction to someone (the directed person ) under the Australian Road Rules, rule 304, the authorised person must show the directed person the authorised person's AFP-issued identity card, if it is reasonably practicable in the circumstances to do so.

    (5)     In this section:

"AFP-issued identity card", for a protective service officer, means the identity card issued to the protective service officer for the officer's functions under the Australian Federal Police Act 1979 (Cwlth).

"protective service officer"—see the Australian Federal Police Act 1979 (Cwlth), section 4 (1).

Part 3     Road Transport (Safety and Traffic Management) Regulation 2000