Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010
36Moving unattended road vehicle – to enable exercise of other
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36 Moving unattended road vehicle – to enable exercise of other powers (1) This section applies if an authorised officer: (a) believes on reasonable grounds a road vehicle to which this Division applies is unattended on a road; and (b) is seeking to exercise powers in relation to the vehicle for compliance purposes; and (c) believes on reasonable grounds the vehicle should be moved to enable or facilitate the exercise of those powers. (2) The authorised officer may, to the extent to which it is reasonably necessary to enable or facilitate the exercise of those powers, move, or authorise another person to move, the vehicle (by driving or towing it or otherwise). (3) The officer may enter, or authorise another person to enter, the vehicle for the purpose of moving the vehicle. (4) The officer or person authorised by the officer may use reasonable force to do one or more of the following: (a) to open unlocked doors and other unlocked panels and objects; (b) to gain access to the vehicle, or its engine or other mechanical components, to enable the vehicle to be moved; (c) to enable the vehicle to be towed. (5) An authorised officer must not authorise a person to move a vehicle for this section unless the officer believes on reasonable grounds the person is qualified and fit to do so.