50Power to stop and search vehicles

50 Power to stop and search vehicles

(1) If an authorised officer believes on reasonable grounds that a particular vehicle is a vehicle in respect of which an entity is registered for entitlement to fuel grants, the officer may:

(a) require the driver of the vehicle to do any or all of the following:

(i) stop the vehicle;

(ii) provide the driver’s name and address;

(iii) provide the name and address of the entity that holds that registration;

(iv) provide information about the origins and destinations of any passengers or goods being carried by or in the vehicle;

(v) if the vehicle is on a journey—provide details about the journey;

(vi) for the purposes of verifying the matters referred to in subparagraph (iv) or (v), produce to the officer a consignment note, passenger manifest or other document; and

(b) detain the vehicle for such period as is reasonably necessary to carry out a search or inspection of the vehicle and to take fuel samples from the vehicle.

(2) A person is guilty of an offence if:

(a) the person is subject to a requirement under paragraph (1)(a); and

(b) the person refuses or fails to comply with the requirement to the extent that the person is capable of doing so.

Penalty: 20 penalty units.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(3) Before exercising any powers under subsection (1) (other than the power conferred by subparagraph (1)(a)(i)), an authorised officer must show the driver of the vehicle his or her identity card.