44Power to stop and search motor vehicles etc.

44 Power to stop and search motor vehicles etc.

(1) Where a police officer or an inspector believes on reasonable grounds that: (a) a motor vehicle or trailer is or has been involved in a contravention of this Act or the regulations or of a federal road safety standard; or (b) there is in or on a motor vehicle or trailer anything that will afford evidence of such a contravention; the police officer or inspector may: (c) require the driver of the motor vehicle or trailer: (i) to stop the motor vehicle or trailer; (ii) to state the driver’s name and address; (iii) to state the name and address of the owner of the motor vehicle or trailer; (iv) to state particulars relating to the registration of the motor vehicle or trailer or to the origins and destinations of any passengers or goods being carried by or in the motor vehicle or trailer; and (v) for the purposes of verifying the matters referred to in subparagraph (ii), (iii) or (iv), to produce to the police officer or inspector: (A) a driver’s licence issued to the person; (B) a certificate of registration issued in respect of the motor vehicle or trailer under this Act or another law; or (C) a consignment note, passenger manifest or other document; (d) detain the motor vehicle or trailer for such period as is reasonably necessary to carry out a search, test or inspection of the motor vehicle or trailer; and (e) if the police officer or inspector believes on reasonable grounds that the motor vehicle or trailer: (i) is registered under this Act; and (ii) is, or is likely to be, dangerous or unsafe; by notice in writing given to the driver of the motor vehicle or trailer, require the driver of the motor vehicle or trailer to cause the motor vehicle or trailer to be driven, or if the police officer or inspector so directs, towed, forthwith, or by such date as the police officer or inspector directs, to such place, or to a place included in such class of places, as the police officer or inspector directs for the purposes of being inspected by a Registration Authority or by a person authorised by a Registration Authority to act under this paragraph. (2) A person must not fail to comply with a requirement under paragraph (1)(c) or (e).

Penalty: 10 penalty units.

(2A) Subsection (2) does not apply to the extent that the person is not capable of complying with that subsection.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).

(2B) An offence under subsection (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) Where the driver of a motor vehicle or trailer stops the motor vehicle or trailer pursuant to a requirement given under paragraph (1)(c) by a police officer who is not in uniform or by an inspector, the police officer or inspector shall, before searching, inspecting or testing the motor vehicle or trailer or giving a requirement of the kind mentioned in subparagraph (1)(c)(ii), (iii), (iv) or (v) or paragraph (1)(e), produce, for the inspection of the driver of the motor vehicle or trailer, written evidence of the fact that he or she is a police officer or an inspector, as the case may be. (4) For the purposes of subsection (3), the Minister may cause to be issued to an inspector an identity card in a form approved by the Minister by writing. (5) A person who ceases to be an inspector shall forthwith return his or her identity card to the Minister.