182Power to enter and search tow trucks for the purpose of obtaining evidence of contravention

182 Power to enter and search tow trucks for the purpose of obtaining evidence of contravention

(1) If an inspector believes on reasonable grounds that a tow truck has been used, or is being used, in contravention of this Act, regulations made under this Act or a service standard, an inspector may enter and search the tow truck if it is—

(a) on any road or road related area; or

(b) in any public place.

(2) An inspector may form the necessary belief during or after a search under section 181, or independently of a search under section 181.

(3) Without limiting subsection (1), an inspector who enters and searches a tow truck under subsection (1) may, for the purposes set out in that subsection, do any one or more of the following—

(a) do anything that he or she may do in conducting a search for compliance purposes under section 181;

(b) search for anything that may be evidence of the commission of an offence against this Act, regulations made under this Act or a service standard; or

(c) search for and inspect any documents, devices or other things that relate to the tow truck or any part of its equipment or load and that are located in or on the tow truck; or

(d) copy any documents located in or on the tow truck that the inspector believes on reasonable grounds provide, or may on further inspection provide, evidence of a contravention of this Act, regulations made under this Act or a service standard.

(4) The inspector may seize and remove any documents, devices or other things from the tow truck that the inspector believes on reasonable grounds provide, or may on further examination provide, evidence of a contravention of this Act, regulations made under this Act or a service standard.

(5) This section does not authorise the use of force, but the inspector may do any or all of the following—

(a) open unlocked doors, panels, objects or other things, or open unlocked places;

(b) move, but not take away, anything that is not locked up or sealed.

(6) This section does not authorise an inspector to search a person, even if the person is part of a tow truck's load.