sec.74Power to stop and search vehicles etc.

sec.74 Power to stop and search vehicles etc.

This section applies if an inspector suspects on reasonable grounds that— a vehicle, boat or aircraft is being, or has been, used in the commission of an offence against this Act; or a vehicle, boat or aircraft, or anything on or in, a vehicle, boat or aircraft may afford evidence of the commission of an offence against this Act. The inspector may, with necessary and reasonable help and force, and without consent or a warrant— enter or board the vehicle, boat or aircraft; and exercise the powers set out in section 75 (3) . If— the vehicle or boat is moving or about to move; or the aircraft is moving, or about to move, on the ground; the inspector may signal the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft, to stop or not to move the vehicle, boat or aircraft. A person must not, without reasonable excuse, disobey a signal under subsection (3) . Maximum penalty—165 penalty units. It is a reasonable excuse for the person to fail to stop or to move the vehicle, boat or aircraft if— to immediately obey the signal would have endangered, or damaged the property of, the person or another person; and the person obeys the signal as soon as it is practicable to obey the signal. The inspector may require the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft— to give the inspector reasonable help to enable the vehicle, boat or aircraft to be entered or boarded under subsection (2) ; or to bring the vehicle, boat or aircraft to a specified place and remain in control of the vehicle, boat or aircraft at the place for a reasonable time to enable the inspector to exercise the inspector’s powers in relation to the vehicle, boat or aircraft. A person must not, without reasonable excuse, contravene a requirement under subsection (6) . Maximum penalty—165 penalty units. If, while searching the vehicle, boat or aircraft, the inspector finds a thing the inspector believes, on reasonable grounds, will afford evidence of the commission of an offence against this Act, sections 79 to 87 apply to the thing. (sec.74-ssec.1) This section applies if an inspector suspects on reasonable grounds that— a vehicle, boat or aircraft is being, or has been, used in the commission of an offence against this Act; or a vehicle, boat or aircraft, or anything on or in, a vehicle, boat or aircraft may afford evidence of the commission of an offence against this Act. (sec.74-ssec.2) The inspector may, with necessary and reasonable help and force, and without consent or a warrant— enter or board the vehicle, boat or aircraft; and exercise the powers set out in section 75 (3) . (sec.74-ssec.3) If— the vehicle or boat is moving or about to move; or the aircraft is moving, or about to move, on the ground; the inspector may signal the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft, to stop or not to move the vehicle, boat or aircraft. (sec.74-ssec.4) A person must not, without reasonable excuse, disobey a signal under subsection (3) . Maximum penalty—165 penalty units. (sec.74-ssec.5) It is a reasonable excuse for the person to fail to stop or to move the vehicle, boat or aircraft if— to immediately obey the signal would have endangered, or damaged the property of, the person or another person; and the person obeys the signal as soon as it is practicable to obey the signal. (sec.74-ssec.6) The inspector may require the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft— to give the inspector reasonable help to enable the vehicle, boat or aircraft to be entered or boarded under subsection (2) ; or to bring the vehicle, boat or aircraft to a specified place and remain in control of the vehicle, boat or aircraft at the place for a reasonable time to enable the inspector to exercise the inspector’s powers in relation to the vehicle, boat or aircraft. (sec.74-ssec.7) A person must not, without reasonable excuse, contravene a requirement under subsection (6) . Maximum penalty—165 penalty units. (sec.74-ssec.8) If, while searching the vehicle, boat or aircraft, the inspector finds a thing the inspector believes, on reasonable grounds, will afford evidence of the commission of an offence against this Act, sections 79 to 87 apply to the thing.