sec.35BFurther powers to access or download stored information or to decide if anything found in a prescribed dangerous goods vehicle may be seized

### sec.35B Further powers to access or download stored information or to decide if anything found in a prescribed dangerous goods vehicle may be seized Without limiting section 35 or 35A , this section applies to help an authorised officer who exercises a power in relation to a prescribed dangerous goods vehicle under section 35 or 35A — to access or download information contained on anything found in or at the vehicle; or information contained on a disk, tape or other device to decide if anything found in the vehicle may be seized under division 3 . The authorised officer, or a person helping the authorised officer, may exercise the power by operating equipment that is— in or at the vehicle; or taken into the vehicle under section 35 (2) (g) ; or where the thing has been moved under subsection (4) . However, subsection (2) only applies if the authorised officer or person reasonably believes— the equipment is suitable for exercising the power; and the power can be exercised without damaging the equipment or thing. For exercising a power as mentioned in subsection (1) (b) , the authorised officer may move the thing to somewhere else if— it is not practicable to exercise the power in relation to the thing where it is found; or the person in control of the vehicle consents in writing. s 35B ins 2007 No. 43 s 44 amd 2008 No. 31 s 48 ; 2008 No. 67 s 59 ; 2013 No. 26 s 56 (sec.35B-ssec.1) Without limiting section 35 or 35A , this section applies to help an authorised officer who exercises a power in relation to a prescribed dangerous goods vehicle under section 35 or 35A — to access or download information contained on anything found in or at the vehicle; or information contained on a disk, tape or other device to decide if anything found in the vehicle may be seized under division 3 . (sec.35B-ssec.2) The authorised officer, or a person helping the authorised officer, may exercise the power by operating equipment that is— in or at the vehicle; or taken into the vehicle under section 35 (2) (g) ; or where the thing has been moved under subsection (4) . (sec.35B-ssec.3) However, subsection (2) only applies if the authorised officer or person reasonably believes— the equipment is suitable for exercising the power; and the power can be exercised without damaging the equipment or thing. (sec.35B-ssec.4) For exercising a power as mentioned in subsection (1) (b) , the authorised officer may move the thing to somewhere else if— it is not practicable to exercise the power in relation to the thing where it is found; or the person in control of the vehicle consents in writing. - (a) to access or download information contained on anything found in or at the vehicle; or Example of information contained on a thing— information contained on a disk, tape or other device - (b) to decide if anything found in the vehicle may be seized under division 3 . - (a) in or at the vehicle; or - (b) taken into the vehicle under section 35 (2) (g) ; or - (c) where the thing has been moved under subsection (4) . - (a) the equipment is suitable for exercising the power; and - (b) the power can be exercised without damaging the equipment or thing. - (a) it is not practicable to exercise the power in relation to the thing where it is found; or - (b) the person in control of the vehicle consents in writing.