Subdiv 4Powers of inspection and search

Subdivision 4—Powers of inspection and search 40Q—Power to inspect vehicle on road or certain official premises (1) This section applies to a vehicle located at a place— (a) on a road; or (b) in or on premises occupied or owned by a public authority, whether or not the vehicle is unattended. (2) An authorised officer may inspect a vehicle for compliance purposes. (3) The officer may enter the vehicle for the purpose of or in connection with conducting the inspection. (4) 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 any other person. (5) Without limiting the above, the power to inspect a vehicle under this section includes any or all of the following: (a) the power to weigh, test, measure or take photographs of the vehicle or any part of it or its equipment or load; (b) the power to check the existence or details of, or take photographs of, placards or other information required under an Australian road law to be displayed in or on the vehicle, including placards or other information relating to its specifications, capabilities or legal entitlements; (c) the power to inspect and take copies of or extracts from any records that are located in or on the vehicle and that are required to be carried in or on the vehicle under an Australian road law; (d) the power to access or download information that is required to be kept under an Australian road law and that is— (i) stored electronically in equipment located in or on the vehicle; or (ii) accessible electronically from equipment located in or on the vehicle. (6) This section does not authorise the use of force, but the officer may under this section do any or all of the following: (a) open unlocked doors and other unlocked panels and objects; (b) inspect anything that has been opened or otherwise accessed under the power to use reasonable force in the exercise of a power to enter or move a vehicle under Subdivision 3; (c) move but not take away anything that is not locked up or sealed. 40R—Power to search vehicle on road or certain official premises (1) This section applies to a vehicle located at a place— (a) on a road; or (b) in or on premises occupied or owned by a public authority, whether or not the vehicle is unattended. (2) An authorised officer may search a vehicle for compliance purposes, if the officer believes on reasonable grounds that— (a) the vehicle has been used, is being used, or is likely to be used, in the commission of an Australian road law offence; or (b) the vehicle has been or may have been involved in an accident. (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 for the purpose of or in connection with conducting the search. (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 any other person. (6) Without limiting the above, the power to search a vehicle under this section includes any or all of the following: (a) the power to search for evidence of an Australian road law offence; (b) the power to search for and inspect any records, devices or other things that relate to the vehicle or any part of its equipment or load and that are located in or on the vehicle; (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 and that are required to be carried in or on the vehicle under an Australian road law; (ii) any transport documentation or journey documentation located in or on the vehicle; (iii) any other records, or any readout or other data obtained from any device or thing, located in or on the vehicle that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an Australian road law offence; (d) any powers that may be exercised during an inspection of a vehicle under section 40Q(5). (7) The power to search a vehicle under this section does not include a power to search a person. (8) The officer may seize and remove any records, devices or other things from the vehicle that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an Australian road law offence. (9) The officer may use reasonable force in the exercise of powers under this section. 40S—Power to inspect premises (1) This section applies to the following premises: (a) 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; (c) premises where records required to be kept under an Australian road law are located or are required to be located. (2) An authorised officer may inspect the premises for compliance purposes. (3) The officer may enter the premises for the purpose of conducting the inspection. (4) Without limiting the above, the officer may inspect, or enter and inspect, any vehicle at the premises. (5) The inspection may be made— (a) at any time with the consent of the occupier or other person apparently in charge of the premises; or (b) if a business is carried on at the premises—at any time during the usual business operating hours applicable at the premises (whether or not the premises are actually being used for that purpose), and without consent. (6) This section does not authorise, without consent, the entry or inspection of— (a) premises that are apparently 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. (7) Without limiting the above, the power to inspect premises under this section includes any or all of the following: (a) the power to inspect and take copies of or extracts from any records located at the premises and required to be kept under an Australian road law; (b) the power to check the existence of and inspect any devices (including weighing, measuring, recording or monitoring devices) required to be installed, used or maintained under an Australian road law, and to inspect and take copies of or extracts from any readout or other data obtained from any such device; (c) the power to exercise with respect to a vehicle located at the premises any powers that may be exercised during an inspection of a vehicle under section 40Q(5); (d) the power to use photocopying equipment on the premises free of charge for the purpose of copying any records or other material. (8) This section does not authorise the use of force, but the officer may under this section do any or all of the following: (a) open unlocked doors and other unlocked panels and objects; (b) inspect anything that has been opened or otherwise accessed under the power to use reasonable force in the exercise of a power to enter or move a vehicle under Subdivision 3; (c) move but not take away anything that is not locked up or sealed. 40T—Power to search premises (1) This section applies to the following premises: (a) 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; (c) premises where records required to be kept under an Australian road law are located or are required to be located; (d) premises where the officer concerned believes on reasonable grounds that— (i) a vehicle is or has been located; or (ii) transport documentation or journey documentation is located. (2) An authorised 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 (b) that— (i) a vehicle has been or may have been involved in an accident; and (ii) the vehicle is connected with the premises. (3) For the purposes of this section, a vehicle is connected with the premises if— (a) the premises are the garage address of the vehicle; or (b) the vehicle 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 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 at the premises. (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 at that time 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. (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. (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; (b) the power to search for and inspect any records, devices or other things that relate to a vehicle 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 under an Australian road law; (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; (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 located at the premises any powers that may be exercised during a search of a vehicle under section 40R(6); (f) any powers that may be exercised during an inspection of premises under section 40S(7). (10) The power to search premises under this section does not include a power to search a person. (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. (12) The officer may use reasonable force in the exercise of powers under this section. 40U—Residential purposes For the purposes of this Subdivision, premises are, or any part of premises is, taken not to be used for residential purposes merely because temporary or casual sleeping or other accommodation is provided there for drivers of vehicles.