sec.175Power to stop and search vehicles etc.

### sec.175 Power to stop and search vehicles etc. This section applies if an investigator suspects on reasonable grounds that— a vehicle, boat or aircraft is being, or has been, used in the commission of an offence against this Act; or a vehicle, boat or aircraft, or anything on or in, a vehicle, boat or aircraft may afford evidence of the commission of an offence against this Act. The investigator may, with such assistance and by such force as is necessary and reasonable— enter or board the vehicle, boat or aircraft; and exercise the powers set out in section 178 . If— the vehicle or boat is moving or about to move; or the aircraft is moving, or about to move, on the ground; the investigator may signal the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft, to stop or not to move the vehicle, boat or aircraft. A person must not, without reasonable excuse, disobey a signal under subsection (3) . Maximum penalty—165 penalty units or 1 year’s imprisonment. It is a reasonable excuse for the person to fail to stop or to move the vehicle, boat or aircraft if— to immediately obey the signal would have endangered the person or another person; and the person obeys the signal as soon as it is reasonably practicable to stop or move the vehicle, boat or aircraft. The investigator may require the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft— to provide such reasonable assistance as the investigator requires to enable the vehicle, boat or aircraft to be entered or boarded under subsection (2) ; or to bring the vehicle, boat or aircraft to a specified place and remain in control of the vehicle, boat or aircraft at the place until the officer permits the person to leave. A person must not, without reasonable excuse, contravene a requirement under subsection (6) . Maximum penalty—165 penalty units or 1 year’s imprisonment. If, while searching the vehicle, boat or aircraft, the investigator finds a thing that the investigator believes, on reasonable grounds, will afford evidence of the commission of an offence against this Act, section 177 (2) (a) and (b) apply to the thing. If, after searching the vehicle, boat or aircraft, the investigator believes on reasonable grounds that the vehicle, boat or aircraft will afford evidence of the commission of an offence against this Act, section 177 (2) (a) and (b) apply to the vehicle, boat or aircraft. s 175 amd 2001 No. 39 s 3 sch ; 2004 No. 53 s 2 sch (sec.175-ssec.1) This section applies if an investigator suspects on reasonable grounds that— a vehicle, boat or aircraft is being, or has been, used in the commission of an offence against this Act; or a vehicle, boat or aircraft, or anything on or in, a vehicle, boat or aircraft may afford evidence of the commission of an offence against this Act. (sec.175-ssec.2) The investigator may, with such assistance and by such force as is necessary and reasonable— enter or board the vehicle, boat or aircraft; and exercise the powers set out in section 178 . (sec.175-ssec.3) If— the vehicle or boat is moving or about to move; or the aircraft is moving, or about to move, on the ground; the investigator may signal the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft, to stop or not to move the vehicle, boat or aircraft. (sec.175-ssec.4) A person must not, without reasonable excuse, disobey a signal under subsection (3) . Maximum penalty—165 penalty units or 1 year’s imprisonment. (sec.175-ssec.5) It is a reasonable excuse for the person to fail to stop or to move the vehicle, boat or aircraft if— to immediately obey the signal would have endangered the person or another person; and the person obeys the signal as soon as it is reasonably practicable to stop or move the vehicle, boat or aircraft. (sec.175-ssec.6) The investigator may require the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft— to provide such reasonable assistance as the investigator requires to enable the vehicle, boat or aircraft to be entered or boarded under subsection (2) ; or to bring the vehicle, boat or aircraft to a specified place and remain in control of the vehicle, boat or aircraft at the place until the officer permits the person to leave. (sec.175-ssec.7) A person must not, without reasonable excuse, contravene a requirement under subsection (6) . Maximum penalty—165 penalty units or 1 year’s imprisonment. (sec.175-ssec.8) If, while searching the vehicle, boat or aircraft, the investigator finds a thing that the investigator believes, on reasonable grounds, will afford evidence of the commission of an offence against this Act, section 177 (2) (a) and (b) apply to the thing. (sec.175-ssec.9) If, after searching the vehicle, boat or aircraft, the investigator believes on reasonable grounds that the vehicle, boat or aircraft will afford evidence of the commission of an offence against this Act, section 177 (2) (a) and (b) apply to the vehicle, boat or aircraft. - (a) a vehicle, boat or aircraft is being, or has been, used in the commission of an offence against this Act; or - (b) a vehicle, boat or aircraft, or anything on or in, a vehicle, boat or aircraft may afford evidence of the commission of an offence against this Act. - (a) enter or board the vehicle, boat or aircraft; and - (b) exercise the powers set out in section 178 . - (a) the vehicle or boat is moving or about to move; or - (b) the aircraft is moving, or about to move, on the ground; - (a) to immediately obey the signal would have endangered the person or another person; and - (b) the person obeys the signal as soon as it is reasonably practicable to stop or move the vehicle, boat or aircraft. - (a) to provide such reasonable assistance as the investigator requires to enable the vehicle, boat or aircraft to be entered or boarded under subsection (2) ; or - (b) to bring the vehicle, boat or aircraft to a specified place and remain in control of the vehicle, boat or aircraft at the place until the officer permits the person to leave.