39Power to search premises

39 Power to search premises

Application of section (1) This section applies to the following premises: (a) any premises at or from which a responsible person carries on business, or that are occupied by a responsible person in connection with such a business, or that are a registered office of a responsible person; (b) the garage address of a vehicle or combination; (c) the base of the driver or drivers of a vehicle or combination; (d) any premises where records required to be kept by or under an Australian road law or by or under an approved road transport compliance scheme are located or where any such records are required to be located; (e) any premises where the officer concerned believes on reasonable grounds that: (i) a vehicle or combination is or has been located; or (ii) transport documentation or journey documentation is located. Power to search (2) An authorised officer or police officer may search premises for compliance purposes, if the officer believes on reasonable grounds: (a) that there may be at the premises records, devices or other things that may provide evidence of an Australian road law offence or of the commission of a breach of an approved road transport compliance scheme; or (b) that: (i) a vehicle or combination has been or may have been involved in an incident involving death or personal injury or damage to property; and (ii) the vehicle or combination is connected with the premises. (3) For the purposes of this section, a vehicle or combination is connected with the premises if: (a) the premises are the garage address of the vehicle or combination; or (b) the vehicle or combination is, or has within the past 72 hours been, located at the premises; or (c) the premises are or may be otherwise connected (directly or indirectly) with the vehicle or combination or any part of its equipment or load. (4) The officer may form the necessary belief during or after an inspection or independently of an inspection. (5) The officer may enter the premises for the purpose of conducting the search. (6) Without limiting the above, the officer may search, or enter and search, any vehicle or combination at the premises. Warrant or consent required (except during business hours or where incident involving death, personal injury or property damage) (7) The search may be conducted: (a) at any time under the authority of a warrant under this Act; 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; or (d) if the officer believes on reasonable grounds that subsection (2)(b) applies—at any time, and without a warrant and without the consent of the occupier or other person apparently in charge of the premises or any other person. Unattended premises and residential premises (8) 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. What power includes (9) 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 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 a vehicle or combination or any part of its equipment or load and that are 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 an Australian road law or by or under an approved road transport compliance scheme; (ii) any transport documentation or journey 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 Australian road law offence or a breach of an approved road transport compliance scheme; (d) the power to use photocopying equipment on the premises free of charge for the purpose of copying any records or other material; (e) the power to exercise with respect to a vehicle or combination located at the premises any powers that may be exercised during a search of a vehicle or combination under section 37(6) (Power to search vehicle or combination on a road, public place or certain official premises—what power includes); (f) any powers that may be exercised during an inspection of premises under section 38(7) (Power to inspect premises—what power includes). (10) The power to search premises under this section does not include a power to search a person. Power of seizure (11) 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 Australian road law offence or a breach of an approved road transport compliance scheme. Use of force (12) The officer may use reasonable force in the exercise of powers under this section.