54Power to inspect premises

54 Power to inspect premises (1) An authorised officer may, for compliance purposes, inspect premises to which this Division applies. (2) The officer may enter the premises for the purpose of conducting the inspection. (3) Without limiting subsections (1) and (2), the officer may inspect, or enter and inspect, any vehicle at the premises.

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 36 (4) Before an authorised officer enters premises (not being a public place) under this section, the officer must give the occupier of the premises reasonable notice of the intention to enter unless: (a) giving the notice would be reasonably likely to defeat the purpose for which it is intended to enter the premises; or (b) entry to the premises is made with the consent of the occupier of the premises; or (c) entry is required in circumstances where the authorised officer reasonably believes there is an immediate risk to safety because of an operation being carried out at the premises in relation to dangerous goods; or (d) entry is authorised by a warrant. (5) This section does not authorise, without the consent of the occupier of the premises or another person apparently in charge of the premises, the entry or inspection of: (a) premises that are apparently unattended, unless the officer believes on reasonable grounds the premises are not unattended; or (b) premises that are, or any part of premises that is, used predominantly for residential purposes. (6) Without limiting subsections (1) to (5), the power to inspect the premises under this section includes the following: (a) the power to inspect and take copies of, or extracts from, any records that are: (i) located at the premises; and (ii) required to be kept under the regulations; (b) the power to: (i) check the existence of, and inspect, any device (including weighing, measuring, recording or monitoring devices) required to be installed, used or maintained under the regulations; and (ii) inspect and take copies of, or extracts from, any readout or other data obtained from the device;

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 37 (c) the power to use photocopying equipment on the premises free of charge for the purpose of copying any records or other material; (d) the power to take, in accordance with section 65, a sample of any substance or packaging on the premises. (7) This section does not authorise the use of force by the officer, but the officer may under this section do one or more the following in relation to the premises: (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 this Part; (8) An authorised officer who enters premises under this section must not unnecessarily impede any activities being conducted at the premises.