sec.86General powers in relation to places and vehicles

### sec.86 General powers in relation to places and vehicles An authorised officer who enters a place or vehicle under this part may— search any part of the place or vehicle; or examine, inspect, test, photograph or film anything in or on the place or vehicle; or take samples of or from anything in or on the place or vehicle; or take extracts from, or make copies of, a document in or on the place or vehicle; or take into or onto the place or vehicle any persons, equipment and materials the authorised officer reasonably requires for exercising a power under this Act; or require the occupier of the place, or a person in or on the place or vehicle, to give the authorised officer reasonable help to exercise the powers mentioned in paragraphs (a) to (e) ; or if the authorised officer enters a vehicle—by written notice given to the person in control of the vehicle, require the person— to take the vehicle to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of the vehicle at the place for a reasonable time; to enable the officer to exercise the powers mentioned in paragraphs (a) to (e) ; or if the authorised officer enters a vehicle—require the person in charge of the vehicle to accompany the authorised officer to enable the authorised officer to comply with subsection (8) . If the entry is made to a place other than under a warrant, the authorised officer may exercise the power mentioned in subsection (1) (a) only if the occupier consents to the exercise of the power. A person who is required by an authorised officer under subsection (1) (f) to give the officer reasonable help for the exercise of a power must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—20 penalty units. If the help is required to be given to a person by— answering a question; or producing a document (other than a licence or permit); it is a reasonable excuse for the person to fail to answer the question, or produce the document, if complying with the requirement might tend to incriminate the person. A person who is required by an authorised officer under subsection (1) (g) to take action in relation to a vehicle must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—20 penalty units. If, for any reason, it is not practicable to make a requirement under subsection (1) (g) by written notice, the requirement may be made orally and confirmed by written notice as soon as practicable. Nothing in this section prevents an authorised officer making a further requirement under subsection (1) (g) of the same person or another person in relation to the same vehicle, if it is necessary and reasonable to make the requirement. The authorised officer must not enter a part of a vehicle used only as a living area, or exercise a power under subsection (1) (a) to (d) in relation to that part, unless the authorised officer is accompanied by the person in control of the vehicle. Subsection (8) does not apply if the person in control of the vehicle is unavailable or unwilling to accompany the authorised officer or the authorised officer is unable for another reason to comply with the subsection. This section does not apply to an authorised officer who enters a place to get the occupier’s consent unless the consent is given or the entry is otherwise authorised. (sec.86-ssec.1) An authorised officer who enters a place or vehicle under this part may— search any part of the place or vehicle; or examine, inspect, test, photograph or film anything in or on the place or vehicle; or take samples of or from anything in or on the place or vehicle; or take extracts from, or make copies of, a document in or on the place or vehicle; or take into or onto the place or vehicle any persons, equipment and materials the authorised officer reasonably requires for exercising a power under this Act; or require the occupier of the place, or a person in or on the place or vehicle, to give the authorised officer reasonable help to exercise the powers mentioned in paragraphs (a) to (e) ; or if the authorised officer enters a vehicle—by written notice given to the person in control of the vehicle, require the person— to take the vehicle to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of the vehicle at the place for a reasonable time; to enable the officer to exercise the powers mentioned in paragraphs (a) to (e) ; or if the authorised officer enters a vehicle—require the person in charge of the vehicle to accompany the authorised officer to enable the authorised officer to comply with subsection (8) . (sec.86-ssec.2) If the entry is made to a place other than under a warrant, the authorised officer may exercise the power mentioned in subsection (1) (a) only if the occupier consents to the exercise of the power. (sec.86-ssec.3) A person who is required by an authorised officer under subsection (1) (f) to give the officer reasonable help for the exercise of a power must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—20 penalty units. (sec.86-ssec.4) If the help is required to be given to a person by— answering a question; or producing a document (other than a licence or permit); it is a reasonable excuse for the person to fail to answer the question, or produce the document, if complying with the requirement might tend to incriminate the person. (sec.86-ssec.5) A person who is required by an authorised officer under subsection (1) (g) to take action in relation to a vehicle must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—20 penalty units. (sec.86-ssec.6) If, for any reason, it is not practicable to make a requirement under subsection (1) (g) by written notice, the requirement may be made orally and confirmed by written notice as soon as practicable. (sec.86-ssec.7) Nothing in this section prevents an authorised officer making a further requirement under subsection (1) (g) of the same person or another person in relation to the same vehicle, if it is necessary and reasonable to make the requirement. (sec.86-ssec.8) The authorised officer must not enter a part of a vehicle used only as a living area, or exercise a power under subsection (1) (a) to (d) in relation to that part, unless the authorised officer is accompanied by the person in control of the vehicle. (sec.86-ssec.9) Subsection (8) does not apply if the person in control of the vehicle is unavailable or unwilling to accompany the authorised officer or the authorised officer is unable for another reason to comply with the subsection. (sec.86-ssec.10) This section does not apply to an authorised officer who enters a place to get the occupier’s consent unless the consent is given or the entry is otherwise authorised. - (a) search any part of the place or vehicle; or - (b) examine, inspect, test, photograph or film anything in or on the place or vehicle; or - (c) take samples of or from anything in or on the place or vehicle; or - (d) take extracts from, or make copies of, a document in or on the place or vehicle; or - (e) take into or onto the place or vehicle any persons, equipment and materials the authorised officer reasonably requires for exercising a power under this Act; or - (f) require the occupier of the place, or a person in or on the place or vehicle, to give the authorised officer reasonable help to exercise the powers mentioned in paragraphs (a) to (e) ; or - (g) if the authorised officer enters a vehicle—by written notice given to the person in control of the vehicle, require the person— (i) to take the vehicle to a stated reasonable place by a stated reasonable time; and (ii) if necessary, to remain in control of the vehicle at the place for a reasonable time; to enable the officer to exercise the powers mentioned in paragraphs (a) to (e) ; or - (i) to take the vehicle to a stated reasonable place by a stated reasonable time; and - (ii) if necessary, to remain in control of the vehicle at the place for a reasonable time; - (h) if the authorised officer enters a vehicle—require the person in charge of the vehicle to accompany the authorised officer to enable the authorised officer to comply with subsection (8) . - (i) to take the vehicle to a stated reasonable place by a stated reasonable time; and - (ii) if necessary, to remain in control of the vehicle at the place for a reasonable time; - (a) answering a question; or - (b) producing a document (other than a licence or permit);