NSWIn ForceAct
Passenger Transport Act 1990
46JPowers on entry
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#### 46J Powers on entry
46J Powers on entry
> An authorised officer has the following powers in or on premises that the officer is authorised to enter under this Act—
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> > (a) power to inspect any vehicle that the officer reasonably suspects is being used for the purposes of a public passenger service and inspect or test any equipment, or inspect any furnishings or fittings, in or on or about the vehicle,
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> > (b) power, by notice in writing, to require the owner or person in charge of any such vehicle or equipment specified in the notice to have the vehicle or equipment inspected or tested within a time limit specified by the notice,
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> > (c) power to inspect any maintenance facilities, equipment or apparatus used for the purposes of or in connection with a public passenger service,
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> > (d) power to inquire into any transport accident or other incident affecting the safe carrying out of a public passenger service or the personal security of members of the public using a public passenger service or transport safety employees that has happened in or on the premises,
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> > (e) power to take samples and photographs in connection with any inspection or inquiry,
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> > (f) power to search for evidence of any contravention of this Act, the regulations or the terms of an accreditation, authority, service contract, requirement or exemption under this Act,
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> > (g) power to search for and inspect relevant documents and require any person in or on the premises to produce to the authorised officer any relevant documents in the person’s custody or under the person’s control,
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> > (h) power to require any person in or on the premises to answer questions or otherwise give information in relation to the matter the subject of the inspection, investigation or inquiry,
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> > (i) power to exercise functions under section 46L in relation to any relevant documents found in or on the premises or produced to an authorised officer,
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> > (j) power to seize anything that the authorised officer suspects on reasonable grounds is connected with an offence against this Act or the regulations and to secure any such thing against interference,
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> > (k) power to secure the perimeter of the site of any transport accident or other incident concerning a public passenger service by whatever means, and for such period, as the authorised officer considers appropriate or TfNSW specifies.
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> Note.
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> For the purposes of this Act, vehicle is defined to include a vessel (see section 3 (1)).
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> **s 46J:** Ins 2003 No 65, Sch 3 \[18\]. Am 2005 No 55, Sch 3 \[19\]; 2012 No 82, Sch 2.11 \[97\]; 2016 No 34, Sch 6 \[7\] \[9\].