186Entry or search of premises with consent

186 Entry or search of premises with consent

(1) If an inspector believes on reasonable grounds that a person has contravened this Act, regulations made under this Act or a service standard, the inspector, with the consent of the occupier of the premises at which the person is conducting an accident towing service business or a business of repairing accident damaged motor vehicles, may—

(a) enter and search the premises, including any tow truck found on the premises;

(b) examine anything found at the premises that the inspector believes on reasonable grounds to be connected with the alleged contravention;

(c) seize anything found on the premises which the inspector believes on reasonable grounds to be connected with the alleged contravention;

(d) in the case of any document on the premises, if the inspector believes on reasonable grounds that it is connected with the alleged contravention, the inspector may do all or any of the following—

(i) require the document to be produced for examination;

(ii) examine, make copies of or take extracts from the document, or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere;

(iii) remove the document for so long as is reasonably necessary to make copies of or take extracts from the document;

(e) make any still or moving image or audio-visual recording that the inspector believes on reasonable grounds is necessary for the purpose of establishing the alleged contravention.

(2) In addition to any power under this section, in relation to a tow truck an inspector may do anything he or she may do under section 181.

(3) An inspector must not enter and search any premises with the consent of the occupier unless, before the occupier consents to that entry, the inspector—

(a) has—

(i) if the inspector is an authorised officer, produced his or her identity card for inspection; or

S. 186(3)(a)(ii) amended by No. 37/2014 s. 10(Sch. item 3.6).

(ii) if the inspector is a police officer who is not in uniform, produced his or her identification as a police officer ; or

S. 186(3)(a)(iii) amended by No. 37/2014 s. 10(Sch. item 3.6).

(iii) if the inspector is a police officer who is in uniform, stated his or her name, rank and place of duty; and

(b) has informed the occupier—

(i) of the purpose of the search; and

(ii) that the occupier may refuse to give consent to the entry and search or to the seizure of anything found during the search; and

(iii) that the occupier may refuse to consent to the taking of any copy of or extract from a document found on the premises during the search; and