46Direction to provide reasonable assistance for powers of inspection and search

46 Direction to provide reasonable assistance for powers of inspection and search

Direction to provide assistance (1) An authorised officer or police officer may direct a responsible person to provide assistance to the officer to enable the officer effectively to exercise a power under: (a) section 36 (Power to inspect vehicle or combination on a road, public place or certain official premises); or (b) section 37 (Power to search vehicle or combination on a road, public place or certain official premises); or (c) section 38 (Power to inspect premises); or (d) section 39 (Power to search premises). Assistance that may be sought (2) Without limiting the above, the assistance may include helping the officer to do any or all of the following: (a) to find and gain access to any records or information relating to a vehicle or combination, including but not limited to: (i) records and information required to be kept in or on a vehicle or combination (including records and information indicating its performance, specifications, capabilities or legal entitlements); or (ii) records and information (including records and information relating to its performance, specifications, capabilities or legal entitlements) in a useable form for the purpose of ascertaining its compliance with requirements imposed by or under an Australian road law; (b) to find and gain access to electronically stored information; (c) to weigh or measure: (i) the whole or any part of a vehicle or combination, including an axle or axle group; or (ii) the whole or any part of its equipment or load; (d) to operate equipment or facilities for a purpose relevant to the power being or proposed to be exercised; (e) to provide access free of charge to photocopying equipment for the purpose of copying any records or other material. (3) This section authorises the giving of a direction to run the engine of a vehicle or combination, but not otherwise to drive the vehicle or combination. Circumstances in which direction can be given (4) A direction: (a) can only be given in relation to a power under section 36, 37, 38 or 39 (the principal power) while the principal power can lawfully be exercised; and (b) ceases to be operative if the principal power ceases to be exercisable.

Note: Accordingly, a direction cannot be given under this section, or remain operative, in relation to the exercise of a power under Division 4 where consent is required for the exercise of the power, unless unwithdrawn consent is given for the exercise of the power or the power can lawfully be exercised without consent.

Offence of contravening direction (5) A person commits an offence if: (a) the person is subject to a direction under subsection (1); and (b) the person engages in conduct that results in a contravention of the direction. Unreasonable and other directions (6) Subsection (5) does not apply if: (a) the direction is unreasonable; or (b) without limiting the above, the direction or its subject‑matter is outside the scope of the business or other activities of the person. (7) The person charged bears an evidential burden in relation to the matter in subsection (6). Nature of offence (8) The offence is an offence of strict liability. Circumstances when officer or other person may run engine (9) If the responsible person to whom a direction to run the engine of a vehicle or combination is given under this section fails to comply with the direction or no responsible person is available or willing to do so, the officer may: (a) enter the vehicle or combination and run its engine; or (b) authorise any other person to do so.