123Powers to stop and search vehicles transporting stock

123 Powers to stop and search vehicles transporting stock

123 Powers to stop and search vehicles transporting stock

(1) Vehicle search powers An authorised officer may exercise any one or more of the vehicle search powers in respect of a vehicle if the authorised officer has reasonable grounds to believe that the vehicle is being used to transport stock.

(2) Power to give reasonable directions An authorised officer who exercises a vehicle search power under this section has the power to give reasonable directions (to facilitate the exercise of the power) to any person—

(a) in or on the vehicle concerned, or

(b) in the vicinity of the vehicle concerned.

(3) Preconditions for exercise of vehicle search power An authorised officer may give a direction referred to in subsection (2) only if, before giving the direction, the authorised officer—

(a) provides evidence to the person that he or she is an authorised officer (unless the authorised officer is a police officer in uniform), and

(b) in the case of a police officer in uniform—provides his or her name and place of duty, and

(c) informs the person of the reason for the direction, and

(d) warns the person that a failure to comply with the direction may be an offence.

(4) Offence A person must (unless the person has a reasonable excuse for not doing so)—

(a) stop a vehicle the person is in charge of when directed under this section to do so by an authorised officer, or

(b) comply with any other direction given under this section by an authorised officer.

Maximum penalty—50 penalty units or 12 months imprisonment, or both.

(5) Definition In this section—

vehicle search power means any of the following powers—

(a) a power to stop a vehicle transporting stock for the purposes of determining whether or not—

(i) the person in charge of the vehicle is in possession of the transported stock statements required by section 120, or

(ii) the person responsible for the stock is in possession of the transported stock statements required by section 121 (2),