44Power to search premises

44 Power to search premises

(1) An authorised officer may, for compliance purposes, search premises to which this Division applies, if the officer believes on reasonable grounds that there may be at the premises records, devices or other things that may provide evidence of an offence. (2) The officer may form the necessary belief during or after an inspection of the premises or independently of such an inspection. (3) The officer may enter the premises for the purpose of conducting the search. (4) Without limiting the above, the officer may search, or enter and search, any vehicle at the premises. (5) The search may be conducted: (a) at any time under the authority of a warrant; or (b) at any time with the consent of the occupier or other person apparently in charge of the premises; or (c) if a business is carried on at the premises—at any time during the ordinary business hours applicable at the premises (whether or not the premises are actually being used for that purpose), and without a warrant and without the consent of the occupier or other person apparently in charge of the premises or any other person. (6) Before an authorised officer enters premises (not being a public place) under this section, the officer must give the occupier or other person apparently in charge of the premises reasonable notice of the intention to enter unless: (a) the giving of the notice would be reasonably likely to defeat the purpose for which it is intended to enter the premises; or (b) entry to the premises is made with the consent of the occupier of the premises; or (c) entry is required in circumstances where the authorised officer reasonably believes there is an immediate risk to safety because of the carrying out of an operation at the premises in respect of dangerous goods; or (d) entry is authorised by a warrant. (7) This section does not authorise, without a warrant or consent, the entry or searching of: (a) premises that are unattended, unless the officer believes on reasonable grounds that the premises are not unattended; or (b) premises that are, or any part of premises that is, used predominantly for residential purposes. (8) Without limiting the above, the power to search premises under this section includes any or all of the following: (a) the power to search for evidence of an offence; (b) the power to search for and inspect any records, devices or other things that relate to: (i) a vehicle or any part of its equipment or load located at the premises; or (ii) any dangerous goods located at the premises; (c) the power to take copies of or extracts from any or all of the following: (i) any records that are located at the premises and are required to be kept by or under the {subordinate law}; (ii) any transport documentation located at the premises; (iii) any other records, or any readout or other data obtained from any device or thing, located at the premises that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an offence; (d) the power to use photocopying equipment on the premises free of charge for the purpose of copying any records or other material. (9) The power to search premises under this section does not include a power to search a person. (10) The officer may seize and remove any records, devices or other things from the premises that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an offence. (11) The officer may use reasonable force in the exercise of powers under this section.