sec.118Inspection of stopped vehicle

### sec.118 Inspection of stopped vehicle This section applies to a vehicle that has been stopped under this division by— an inspector who is also a police officer; or an authorised transport officer. An inspector, or an authorised person acting under the direction of an inspector, may inspect the vehicle to the extent necessary to ensure the vehicle is not carrying biosecurity matter or a carrier in contravention of the biosecurity emergency order. Also, the inspector or authorised person acting under the direction of an inspector may— take reasonable steps, including by giving directions to any person, to restrict biosecurity matter or a carrier to within an isolated area; or give a direction to a person to do any of the following— stay within an isolated area identified by the inspector or authorised person, or at another stated place, as directed by the inspector or authorised person; take biosecurity matter or a carrier to a stated place; answer a question, or produce a biosecurity emergency order permit, if giving the direction to answer the question or produce the permit is reasonably necessary to help the inspector or authorised person to assess whether the biosecurity emergency order is being effectively enforced and whether any further emergency action needs to be taken in relation to the biosecurity emergency the subject of the order; move, or not move, a vehicle, biosecurity matter or a carrier, into, out of, within or around a stated place. A person to whom a direction is given under subsection (3) must comply with the direction unless the person has a reasonable excuse. Maximum penalty—1,000 penalty units or 1 year’s imprisonment. Unless an authorised officer otherwise directs, a person must not move the vehicle from where it was stopped until an inspector, or an authorised person acting under the direction of an inspector, has— inspected the vehicle as provided for in subsection (2) ; and given approval for the vehicle to leave the place where it was stopped. Maximum penalty—1,000 penalty units or 1 year’s imprisonment. An authorised officer is not stopped from exercising a non-emergency power in relation to a vehicle, or any person or thing in or on a vehicle, only because the vehicle was stopped under this division. A police officer who is an inspector only for the purposes of provisions of this part would not be able to exercise non-emergency powers. For this section, it is not necessary for an authorised person to be acting under the direct supervision of an inspector in order for the person to be acting under the direction of the inspector. In this section— non-emergency power means a power an authorised officer has under this Act other than under this part. s 118 amd 2015 No. 15 s 46 (sec.118-ssec.1) This section applies to a vehicle that has been stopped under this division by— an inspector who is also a police officer; or an authorised transport officer. (sec.118-ssec.2) An inspector, or an authorised person acting under the direction of an inspector, may inspect the vehicle to the extent necessary to ensure the vehicle is not carrying biosecurity matter or a carrier in contravention of the biosecurity emergency order. (sec.118-ssec.3) Also, the inspector or authorised person acting under the direction of an inspector may— take reasonable steps, including by giving directions to any person, to restrict biosecurity matter or a carrier to within an isolated area; or give a direction to a person to do any of the following— stay within an isolated area identified by the inspector or authorised person, or at another stated place, as directed by the inspector or authorised person; take biosecurity matter or a carrier to a stated place; answer a question, or produce a biosecurity emergency order permit, if giving the direction to answer the question or produce the permit is reasonably necessary to help the inspector or authorised person to assess whether the biosecurity emergency order is being effectively enforced and whether any further emergency action needs to be taken in relation to the biosecurity emergency the subject of the order; move, or not move, a vehicle, biosecurity matter or a carrier, into, out of, within or around a stated place. (sec.118-ssec.4) A person to whom a direction is given under subsection (3) must comply with the direction unless the person has a reasonable excuse. Maximum penalty—1,000 penalty units or 1 year’s imprisonment. (sec.118-ssec.5) Unless an authorised officer otherwise directs, a person must not move the vehicle from where it was stopped until an inspector, or an authorised person acting under the direction of an inspector, has— inspected the vehicle as provided for in subsection (2) ; and given approval for the vehicle to leave the place where it was stopped. Maximum penalty—1,000 penalty units or 1 year’s imprisonment. (sec.118-ssec.6) An authorised officer is not stopped from exercising a non-emergency power in relation to a vehicle, or any person or thing in or on a vehicle, only because the vehicle was stopped under this division. A police officer who is an inspector only for the purposes of provisions of this part would not be able to exercise non-emergency powers. (sec.118-ssec.7) For this section, it is not necessary for an authorised person to be acting under the direct supervision of an inspector in order for the person to be acting under the direction of the inspector. (sec.118-ssec.8) In this section— non-emergency power means a power an authorised officer has under this Act other than under this part. - (a) an inspector who is also a police officer; or - (b) an authorised transport officer. - (a) take reasonable steps, including by giving directions to any person, to restrict biosecurity matter or a carrier to within an isolated area; or - (b) give a direction to a person to do any of the following— (i) stay within an isolated area identified by the inspector or authorised person, or at another stated place, as directed by the inspector or authorised person; (ii) take biosecurity matter or a carrier to a stated place; (iii) answer a question, or produce a biosecurity emergency order permit, if giving the direction to answer the question or produce the permit is reasonably necessary to help the inspector or authorised person to assess whether the biosecurity emergency order is being effectively enforced and whether any further emergency action needs to be taken in relation to the biosecurity emergency the subject of the order; (iv) move, or not move, a vehicle, biosecurity matter or a carrier, into, out of, within or around a stated place. - (i) stay within an isolated area identified by the inspector or authorised person, or at another stated place, as directed by the inspector or authorised person; - (ii) take biosecurity matter or a carrier to a stated place; - (iii) answer a question, or produce a biosecurity emergency order permit, if giving the direction to answer the question or produce the permit is reasonably necessary to help the inspector or authorised person to assess whether the biosecurity emergency order is being effectively enforced and whether any further emergency action needs to be taken in relation to the biosecurity emergency the subject of the order; - (iv) move, or not move, a vehicle, biosecurity matter or a carrier, into, out of, within or around a stated place. - (i) stay within an isolated area identified by the inspector or authorised person, or at another stated place, as directed by the inspector or authorised person; - (ii) take biosecurity matter or a carrier to a stated place; - (iii) answer a question, or produce a biosecurity emergency order permit, if giving the direction to answer the question or produce the permit is reasonably necessary to help the inspector or authorised person to assess whether the biosecurity emergency order is being effectively enforced and whether any further emergency action needs to be taken in relation to the biosecurity emergency the subject of the order; - (iv) move, or not move, a vehicle, biosecurity matter or a carrier, into, out of, within or around a stated place. - (a) inspected the vehicle as provided for in subsection (2) ; and - (b) given approval for the vehicle to leave the place where it was stopped.