17General powers of inspectors

#### 17 General powers of inspectors (1) Subject to subsection (2), an inspector may search a vehicle, sled, aircraft or vessel if he or she believes on reasonable grounds that there is in or on that vehicle, sled, aircraft or vessel: (a) any organism or article in respect of which an offence against this Act has been committed; or (b) anything that will afford evidence as to the contravention of a civil penalty provision or the commission of an offence against this Act; and for that purpose stop or detain that vehicle, sled, aircraft or vessel. (2) Subject to subsection (3), an inspector shall not search: (a) an aircraft or vessel belonging to an arm of the Defence Force; or (b) a foreign aircraft or foreign vessel; unless permission to do so is given by the person for the time being in control of the aircraft or vessel and, if that person so requires, personnel of an arm of the Defence Force or of the foreign aircraft or foreign vessel, as the case may be, are present to supervise the search. (3) Subsection (2) does not apply in relation to a foreign aircraft or foreign vessel (not being an aircraft or vessel of war) while it is in the Territory. (4) An inspector may: (a) require any person whom he or she finds committing or whom he or she reasonably suspects of having committed an offence against this Act to state his or her full name and usual place of residence; and (aa) require any person whom he or she finds contravening, or whom he or she reasonably suspects of having contravened, a civil penalty provision to state his or her full name and usual place of residence; and (b) require any person whom he or she finds doing or whom he or she reasonably suspects of having done an act in respect of which the person is required to hold a permit to produce such a permit or evidence of the existence and contents of such a permit; and (c) require any person whom he or she finds doing, or whom he or she reasonably suspects of having done, an activity in respect of which the person is required to be authorised under Part 3 to produce such an authorisation or evidence of the existence and content of such an authorisation. (5) Where an inspector (other than a member of a police force who is in uniform) stops, or proposes to search or detain, a vehicle, sled, aircraft or vessel, he or she shall: (a) in the case of a member of a police force—produce, for inspection by the person in charge of that vehicle, sled, aircraft or vessel, written evidence of the fact that he or she is a member of a police force; or (b) in any other case—produce his or her identity card for inspection by that person; and, if he or she fails to do so, he or she is not authorized to search or detain that vehicle, sled, aircraft or vessel. (6) Where an inspector (other than a member of a police force who is in uniform) makes a requirement of a person under this section, he or she shall: (a) in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of a police force; or (b) in any other case—produce his or her identity card for inspection by that person; and, if he or she fails to do so, that person is not obliged to comply with the requirement. (7) A person commits an offence if: (a) an inspector makes a requirement of the person under this section; and (b) the person fails to comply with the requirement. Penalty: 10 penalty units. (7A) An offence under subsection (7) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (8) For the purposes of paragraph (4)(b), permit includes a recognised foreign authority.