55Power to search premises

55 Power to search premises (1) An authorised officer may, for compliance purposes, search premises to which this Division applies if the officer believes on reasonable grounds there may be at the premises records, devices or other things that may provide evidence of an offence. premises or independently of such an inspection. (3) The officer may enter the premises for the purpose of conducting the search. (4) Without limiting subsections (1) to (3), the officer may search, or enter and search, any vehicle at the premises. (5) The search may be conducted: (a) at any time under the authority of a warrant; or (b) at any time with the consent of the occupier of the premises or another person apparently in charge of the premises; or

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 38 (c) if the premises are used for the purpose of carrying on a business – at any time during ordinary business hours applicable at the premises (whether or not the premises are actually being used for that purpose) without: (i) a warrant; and (ii) the consent of the occupier, another person apparently in charge of the premises or any other person. (6) Before an authorised officer enters premises (not being a public place) under this section, the officer must give the occupier or another person apparently in charge 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. (7) This section does not authorise, without a warrant or consent of the occupier of premises or another person apparently in charge of the premises, the entry or searching of: (a) the premises when they are unattended, unless the officer believes on reasonable grounds the premises are not unattended; or (b) the premises that are, or any part of premises that is, used predominantly for residential purposes. (8) Without limiting subsections (1) to (7), the power to search premises under this section includes the following: (a) the power to search for evidence of an offence; (b) the power to search for and inspect any records, devices or other things that relate to: (i) a vehicle or any part of its equipment or load located at the premises; or

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 39 (ii) any dangerous goods or packaging located at the premises; (c) the power to take copies of, or extracts from, one or more of the following: (i) any records required to be kept under the regulations that are located at the premises; (ii) any transport documentation located at the premises; 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 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 take, in accordance with section 65, a sample of any substance or packaging on the premises. (9) The power to search premises under this section does not include a power to search a person. (10) 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 offence. (11) The officer may use reasonable force in the exercise of powers