38Powers of authorised officers – search

38 Powers of authorised officers – search (1) An authorised officer may, for compliance purposes, search a road vehicle to which this Division applies if the officer believes on reasonable grounds: (a) the vehicle has been used, is being used, or is likely to be used, in the commission of an offence; or (b) the vehicle has been or may have been involved in a dangerous situation.

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 26 vehicle or independently of such an inspection. (3) The officer may enter the vehicle for the purpose of, or in connection with, conducting the search. (4) The officer may exercise powers under this section at any time, and without the consent of the driver of the vehicle, a person apparently in charge of the vehicle or any other person. (5) Without limiting subsections (1) to (4), the power to search a vehicle under this section includes the power: (a) to search for evidence of an offence; and (b) to search for and inspect any records, devices or other things that: (i) relate to the vehicle or any part of its equipment or load; and (ii) are located in or on the vehicle; and (c) to take copies of, or extracts from, one or more of the (i) any records located in or on the vehicle that are required to be carried in or on the vehicle by the regulations; (ii) any transport documentation located in or on the vehicle; 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 offence; and (d) to take, in accordance with section 65, a sample of any part of the vehicle's load. (6) The power to search a vehicle under this section does not include a power to search a person. (7) The officer may seize and remove a record, device or other thing from the vehicle that the officer believes on reasonable grounds provides, or may on further inspection provide, evidence of an (8) The officer may use reasonable force in the exercise of powers

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 27