18General powers of authorised officers

18 General powers of authorised officers

(1) An authorised officer may, to find out whether this Act is being complied with, enter and search premises if the authorised officer believes on reasonable grounds that he or she will find a thing that has been, is being or is likely to be used in relation to the transport of dangerous goods by road. However, if the premises are unattended or are a residence, the authorised officer may only enter if the occupier consents. (2) An authorised officer may enter and search premises, whether attended or not and whether or not a residence, if he or she believes on reasonable grounds that a dangerous situation exists as a result of anything occurring at the premises in relation to the transport of dangerous goods by road. (3) If an authorised officer believes on reasonable grounds that a vehicle has been, is being or is likely to be used for the transport of dangerous goods by road, the officer may, to find out whether this Act is being complied with: (a) stop or detain the vehicle or cause the vehicle to be stopped or detained; and (b) search the vehicle for dangerous goods or for documents, equipment or other things relating to the transport of dangerous goods. (4) If an authorised officer believes on reasonable grounds that a vehicle or equipment has been, is being or is likely to be used in relation to the transport of dangerous goods by road, the officer may, to find out whether this Act is being complied with, direct a person in charge or apparently in charge of the vehicle or equipment to move the vehicle or equipment, or to cause it to be moved, to a suitable location for inspection. (5) If the inspection is not to take place immediately, the direction must be given by notice in writing specifying the time, date and location for the inspection. (6) An authorised officer may carry out an inspection of the kind referred to in subsection (4) without notice if the authorised officer believes on reasonable grounds that a dangerous situation exists. (7) An authorised officer may, to find out whether this Act is being complied with, take samples, or direct a person in charge of premises or a vehicle or equipment referred to in subsection (1), (2), (3) or (4) or another person capable of doing so to give samples of a substance for examination and testing if the authorised officer believes on reasonable grounds that the substance is dangerous goods, ingredients of dangerous goods or goods that have been transported together with dangerous goods. The authorised officer must give a receipt in a form approved by a Competent Authority. (8) An authorised officer may, to find out whether this Act is being complied with, direct a person in charge or apparently in charge of premises or a vehicle or equipment referred to in subsection (1), (2), (3) or (4) to produce documents. (9) The authorised officer may make copies of the documents, or remove them to make copies, but if they are removed, the authorised officer must: (a) if it is practicable to do so, allow the person otherwise entitled to possession of the documents reasonable access to them; and (b) give a receipt in a form approved by a Competent Authority. (10) An authorised officer may, to find out whether this Act is being complied with, leave at premises written directions to the occupier requiring the occupier, within a specified time: (a) to give samples of a substance the authorised officer believes on reasonable grounds to be dangerous goods, or ingredients of dangerous goods, for examination and testing; or (b) to produce documents that may help the authorised officer. (11) An authorised officer may, in order to find out whether this Act is being complied with, direct a person to answer questions that may help the authorised officer. (12) An authorised officer may make photographic, mechanical or electronic recordings for a purpose incidental to the exercise of a power of the authorised officer under this section.