MOTOR VEHICLES ACT 1959 - SECT 139
MOTOR VEHICLES ACT 1959 - SECT 139
139—Inspection of motor vehicles
(1) Subject to this
section, the Registrar or an authorised vehicle inspector may examine a motor
vehicle for any of the following purposes:
(a)
verifying any information disclosed in—
(i)
an application made to the Registrar in respect of the
vehicle or any evidence provided by an applicant in response to a requirement
of the Registrar under this Act; or
(ii)
a notice of the making of an alteration or addition to
the vehicle given to the Registrar by a person under section 44 or any
evidence provided by a person in response to a requirement of the Registrar
under that section;
(b)
ascertaining any facts on which the amount of any fee or payment to
the Registrar in respect of the vehicle depends;
(i)
the vehicle complies with an Act or law that regulates
the design, construction or maintenance of such a vehicle; or
(ii)
the vehicle would, if driven on a road, put the safety of
persons using the road at risk;
(d)
ascertaining whether the vehicle or part of the vehicle is or may be stolen.
(2) A motor vehicle
may not be examined for the purposes of subsection (1)(c) unless—
(a) the
vehicle is of a class prescribed for the purposes of that subsection; or
(b) an
application to register, or transfer the registration of, the vehicle has been
made; or
(c)
notice of the making of an alteration or addition to the vehicle is given, or
is required to be given, to the Registrar by a person under section 44;
or
(d)
prescribed circumstances exist.
(3) The Registrar may
determine that motor vehicles of a class prescribed for the purposes of
subsection (1)(c) must be examined periodically at intervals prescribed
by the regulations.
(4) For the purposes
of subsection (1)—
(a)
the Registrar or an authorised vehicle inspector may take from any part of a
motor vehicle a sample of any liquid fuel used or appearing to be used for
propelling that vehicle;
(b)
the Registrar, a police officer or an authorised officer may—
(i)
enter and remain in any premises at any reasonable time
and search those premises for motor vehicles; or
(ii)
require a person to produce a motor vehicle at a
specified authorised inspection station or other specified place at a
specified day and time for the purpose of examination.
(5) The Registrar, a
police officer or an authorised officer may only exercise the powers conferred
by subsection (4)(b)(i) in respect of residential premises on the
authority of a warrant issued by a magistrate.
(6) A warrant may not
be issued unless the magistrate is satisfied that the warrant is reasonably
required in the circumstances.
(7) An application for
the issue of a warrant—
(a) may
be made either personally or by telephone; and
(b) must
be made in accordance with any procedures prescribed by the regulations.
(8) A person of whom a
requirement is made by the Registrar, a police officer or an
authorised officer under subsection (4)(b)(ii) must not refuse or fail to
comply with the requirement.
Maximum penalty: $10 000.
(9) A person must
not—
(a)
without reasonable excuse, hinder or obstruct an authorised vehicle inspector
in the exercise of powers under this section; or
(b)
falsely represent, by words or conduct, that the person is an
authorised vehicle inspector; or
(c)
falsely represent, by words or conduct, that premises are an
authorised inspection station.
Maximum penalty: $10 000.
(10) The Registrar
may—
(a)
authorise a person, or persons of a specified class, to examine motor vehicles
for the purposes of this section;
(b)
authorise the use of specified premises as an inspection station for the
examination of motor vehicles for the purposes of this section;
(c) make
an authorisation under paragraph (a) or (b) subject to such terms and
conditions as the Registrar thinks fit;
(d) vary
or revoke an authorisation under paragraph (a) or (b) at any time.
(11) The Minister may,
for the purposes of this section, establish a code of practice to be observed
by persons authorised to examine motor vehicles in accordance with this
section.
(12) A person who
contravenes a code of practice established under this section is guilty of an
offence.
Maximum penalty: $10 000.
(13) A person
authorised by the Registrar to examine motor vehicles for the purposes of this
section may, with the approval of the Minister, charge fees for the
examination of a motor vehicle that exceed the fees prescribed under this Act
or the Road Traffic Act 1961 for that purpose.
(14) The Minister may,
for the purposes of subsection (13), grant or revoke an approval as the
Minister thinks fit, or make any approval subject to such conditions as the
Minister thinks fit.
(15) In this
section—
"authorised inspection station" means premises used as an inspection station
for the examination of motor vehicles pursuant to an authorisation under
subsection (10);
"authorised vehicle inspector" means—
(a) an
authorised officer; or
(b) a
police officer; or
(c) a
person, or person of a class, authorised to examine motor vehicles pursuant to
an authorisation under subsection (10).