71Power of authorised people to enter and search pt 3.2

71 Power of authorised people to enter and search pt 3.2 (1) An authorised person may, for compliance purposes, enter and search a part 3.2 vehicle if the person believes on reasonable grounds that— (a) the vehicle has been used, is being used, or is likely to be used, to commit an offence against this Act; or (b) the vehicle has been or may have been involved in a dangerous situation. Note 3 Dangerous situation—see the dictionary.

Powers of authorised people in relation to pt 3.2 vehicles Division 3.5.2 (2) The authorised person may form the necessary belief during or after an inspection of the vehicle or independently of an inspection. (3) Without limiting subsection (1), the authorised person may do 1 or (a) search for evidence of an offence against this Act; (b) search for and inspect a record, device or other thing that relates to the vehicle, any part of the vehicle or the vehicle’s equipment or load and that are located in the vehicle; (c) take copies of or extracts from 1 or more of the following: (i) any records that are located in the vehicle and that are required to be carried in the vehicle under this Act; (ii) any transport documentation located in the vehicle; (iii) any other record, or any readout of other data obtained from a device or thing, located in the vehicle that the authorised person believes on reasonable grounds provides, or may on further inspection provide, evidence of an offence against this Act; (d) take, in accordance with section 104 (Sample-taking procedure), a sample of any part of the vehicle’s load. (4) The authorised person may exercise a function under this section— (a) at any time; and (b) with or without the consent of the driver or other person apparently in charge of the vehicle, or anyone else. (5) The power to search a vehicle under this section does not include a power to search a person. (6) The authorised person may seize and remove a record, device or other thing from the vehicle that the person believes on reasonable grounds provides, or may on further inspection provide, evidence of an offence against this Act.

(7) The authorised person may use reasonable force in the exercise of a function under this section. (8) However, only a police officer may use force against a person.