498Power to enter a place if evidence suspected to be at the place

498 Power to enter a place if evidence suspected to be at the place

498 Power to enter a place if evidence suspected to be at the place

(1) This section applies if an authorised officer reasonably believes that—

(a) either—

(i) a heavy vehicle is or has been at a place; or

(ii) transport documentation or journey documentation is at a place; and

(b) there may be at the place evidence of an offence against this Law that may be concealed or destroyed unless the place is immediately entered and searched.

(2) The authorised officer may enter the place if it is—

(a) open for carrying on a business; or

(b) otherwise open for entry; or

(c) required to be open for inspection under this Law.

(3) Subsection (2) does not authorise an authorised officer to enter—

(a) a place that is unattended, unless the officer reasonably believes the place is attended; or

(b) a place, or part of a place, used predominantly for residential purposes.

(4) If an authorised officer enters a place reasonably believing the place is attended, the officer must leave the place immediately after finding the place is or appears to be unattended.

(5) An authorised officer may open unlocked doors and other unlocked panels and things at a place for gaining entry to the place under subsection (2).

(6) An authorised officer may use force that is reasonably necessary for gaining entry to a place under this section.

Note—

This subsection is substituted for New South Wales and subsection (7) is omitted for New South Wales.

(7) (Repealed)