New South Wales Consolidated Acts

MOTOR VEHICLE REPAIRS ACT 1980 - SECT 75

75 Power of entry and examination

(1) An inspector may, for the purpose of ascertaining whether a person is contravening or has contravened this Act or the regulations, enter, at any reasonable time, any place which the inspector has reasonable grounds for believing is a place at which the person carries on business.

(2) For the purpose of or in connection with an inspection under subsection (1), an inspector may:

(a) require any person employed or engaged at any place entered pursuant to that subsection to produce to the inspector such records, or other documents, as are required to be kept under this Act or the regulations and are in the custody or under the control of the person so employed or engaged,

(b) examine with respect to matters under this Act or the regulations any person employed or engaged at any place so entered, and

(c) make such examination and inquiries as the inspector thinks necessary to ascertain whether the requirements of this Act or the regulations are being or have been contravened.

(3) 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 any place at which 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) require any person employed or engaged at that place to produce such records or other documents as are required to be kept under this Act or the regulations and as are in or under his or her custody or control, and

(c) search for and examine any motor vehicles and parts and accessories of motor vehicles at that place.

(4) The power of a member of the NSW Police Force under subsection (3) 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 75A.

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

(6) A reference in this section to this Act or the regulations includes a reference to Part 2AA of the Road Transport (Vehicle Registration) Act 1997 and the regulations made under that Part.