New South Wales Consolidated Acts

MOTOR DEALERS ACT 1974 - SECT 53A

53A Powers of entry etc

(1) For the purpose of ascertaining whether the provisions of this Act or the regulations are being or have been complied with by any person, an authorised officer may:

(a) enter premises where the person carries on business,

(b) require the production of records,

(c) inspect and require explanations of any record, and

(d) take notes, copies and extracts of or from any record or statement produced pursuant to this section.

(1A) For the purpose of searching for, or obtaining information concerning, stolen motor vehicles and stolen parts and accessories of motor vehicles, a member of the NSW Police Force may:

(a) enter premises where a person carries on a business for which the person holds a licence or is reasonably suspected of carrying on a business for which the person is required to hold a licence,

(b) search for and examine any motor vehicles and parts and accessories of motor vehicles on those premises,

(c) require the production of records,

(d) inspect and require explanations of any record, and

(e) take notes, copies and extracts of or from any record or statement produced pursuant to this section.

(1B) The power of a member of the NSW Police Force under subsection (1A) to enter premises does not permit entry to any part of premises used for residential purposes unless:

(a) a person holds a licence granted in respect of the premises, or

(b) the member of the NSW Police Force is acting pursuant to a search warrant under section 53AA.

(2) If under this section production is required of a record that is not in writing, or is not written in the English language, or is not decipherable on sight, the requirement to produce the record shall be deemed to be a requirement to produce, in addition to the record if it is in writing, or instead of the record if it is not in writing, a statement, written in the English language and decipherable on sight, containing the whole of the information in the record.

(3) A person shall not:

(a) wilfully delay or obstruct a person exercising powers under this section,

(b) refuse or fail to produce, or conceal or attempt to conceal, any record or statement the person is required under this section to produce,

(c) refuse or fail to answer a question or give an explanation relating to any such record or statement put to or required of him or her by a person entitled to require production of the record or statement who first informs him or her that he or she is required and obliged by this section to answer the question or give the explanation,

(d) give to a question relating to any record or statement an answer that he or she knows is false or misleading or give an explanation of any record or statement that he or she knows is a false or misleading explanation, or

(e) conceal or attempt to conceal any motor vehicle or part or accessory of a motor vehicle that a member of the NSW Police Force is entitled to search for and examine under this section.

(4) Nothing in this section limits the operation of section 23 or 53B and nothing in section 23 or 53B limits the operation of this section.

(5) In this section:
"stolen" means stolen or otherwise unlawfully obtained.