49Powers of authorised officers – search

49 Powers of authorised officers – search (1) An authorised officer may, for compliance purposes, search a unit of rolling stock to which this Division applies, or a train that includes or that the authorised officer believes on reasonable grounds includes a unit of rolling stock to which this section applies, if the officer believes on reasonable grounds: (a) the unit of rolling stock or train has been used, is being used, or is likely to be used, in the commission of an offence; or (b) the unit of rolling stock or train has been or may have been involved in a dangerous situation. unit of rolling stock or train or independently of such an inspection. (3) The officer may enter the unit of rolling stock or train for the purpose of, or in connection with, conducting the search.

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 33 (a) the driver of the unit of rolling stock; or (b) a person apparently in charge of the rolling stock or train; or (5) Without limiting subsections (1) to (4), the power to search a unit of rolling stock or train 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 unit of rolling stock or train or any part of its equipment or load; and (ii) are located in or on the unit of rolling stock or train; and (c) to take copies of, or extracts from, one or more the following: (i) any records required to be carried in or on the unit of rolling stock or train by the regulations that are located in or on the unit of rolling stock or train; (ii) any transport documentation located in or on the unit of rolling stock or train; from any device or thing, located in or on the unit of rolling stock or train 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 load of the unit of rolling stock or train. (6) The power to search a unit of rolling stock or train 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 unit of rolling stock or train that the officer believes on reasonable grounds provides, or may on further inspection provide, evidence of an offence. (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 34