New South Wales Consolidated Acts

NOXIOUS WEEDS ACT 1993 - SECT 34B

34B Powers to stop and search vehicles in respect of quarantine areas

(1) At any place on or near the boundary of a quarantine area, an inspector may display a traffic sign directing drivers of approaching vehicles to stop their vehicles. A sign must be of a kind prescribed by the regulations and be displayed so as to be clearly visible to the drivers of approaching vehicles.

(2) The driver of a vehicle approaching a traffic sign displayed in accordance with subsection (1) must:

(a) ensure that the vehicle stops within a reasonable distance of the sign, and

(b) ensure that the vehicle remains stationary so as to enable the inspector to exercise the inspector’s powers with respect to the vehicle.

Maximum penalty: 20 penalty units.

(3) An inspector may, for the purpose of ascertaining whether a vehicle referred to in subsection (2) is contaminated with a relevant kind of noxious weed:

(a) inspect, enter and search the vehicle and any of its accessories, and

(b) open any door or opening of, or remove any covering from, the vehicle or require the driver of the vehicle to do any of those things, and

(c) take from the vehicle for analysis or further examination samples of any vegetable matter that the inspector reasonably suspects to be a noxious weed of that kind.

(4) In this section:
"driver" of a vehicle includes the person in charge of the vehicle if that person is not the driver and also includes the rider of the vehicle in the case of a vehicle such as a motor cycle.
"inspector" includes an authorised officer.
"place" includes a road (whether public or private).
"relevant kind of noxious weed" means a noxious weed of the kind the presence of which gave rise to the declaration of the quarantine area concerned.
"vehicle" means any device that is designed to be driven or ridden by a person and is propelled by human or animal power or by an engine, and includes a boat.