37Power to search vehicle or combination on a road, public place or certain official premises

37 Power to search vehicle or combination on a road, public place or certain official premises

Application of section (1) This section applies to a vehicle or combination located at a place: (a) on any road; or (b) in or on any public place; or (c) in or on any premises occupied or owned by the Authority or by any other public authority; whether or not the vehicle or combination is unattended. Power to search (2) An authorised officer or police officer may search a vehicle or combination for compliance purposes, if the officer believes on reasonable grounds that: (a) the vehicle or combination has been used, is being used, or is likely to be used, in the commission of an Australian road law offence or in the commission of a breach of an approved road transport compliance scheme; or (b) the vehicle or combination has been or may have been involved in an incident involving death or personal injury or damage to property. (3) The officer may form the necessary belief during or after an inspection or independently of an inspection. (4) The officer may enter the vehicle or combination for the purpose of or in connection with conducting the search. Consent not required (5) The officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the vehicle or combination or any other person. What power includes (6) Without limiting the above, the power to search a vehicle or combination under this section includes any or all of the following: (a) the power to search for evidence of an Australian road law offence or a breach of an approved road transport compliance scheme; (b) the power to search for and inspect any records, devices or other things that relate to the vehicle or combination or any part of its equipment or load and that are located in or on the vehicle or combination; (c) the power to take copies of or extracts from any or all of the following: (i) any records that are located in or on the vehicle or combination and that are required to be carried in or on the vehicle or combination by or under an Australian road law or by or under an approved road transport compliance scheme; (ii) any transport documentation or journey documentation located in or on the vehicle or combination; (iii) any other records, or any readout or other data obtained from any device or thing, located in or on the vehicle or combination that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an Australian road law offence or a breach of an approved road transport compliance scheme; (d) any powers that may be exercised during an inspection of a vehicle or combination under section 36(5) (Power to inspect vehicle or combination on a road, public place or certain official premises—what power includes). (7) The power to search a vehicle or combination under this section does not include a power to search a person. Power of seizure (8) The officer may seize and remove any records, devices or other things from the vehicle or combination that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an Australian road law offence or a breach of an approved road transport compliance scheme. Use of force (9) The officer may use reasonable force in the exercise of powers under this section.