ROAD TRAFFIC ACT 1961 - SECT 40S
ROAD TRAFFIC ACT 1961 - SECT 40S
40S—Power to inspect premises
(1) This section
applies to the following premises:
(a)
premises at or from which a responsible person carries on business, or that
are occupied by a responsible person in connection with such a business, or
that are a registered office of a responsible person;
(b) the
garage address of a vehicle;
(c)
premises where records required to be kept under an Australian road law are
located or are required to be located.
(2) An
authorised officer may inspect the premises for compliance purposes.
(3) The officer may
enter the premises for the purpose of conducting the inspection.
(4) Without limiting
the above, the officer may inspect, or enter and inspect, any vehicle at the
premises.
(5) The inspection may
be made—
(a) at
any time with the consent of the occupier or other person apparently in charge
of the premises; or
(b) if a
business is carried on at the premises—at any time during the usual
business operating hours applicable at the premises (whether or not the
premises are actually being used for that purpose), and without consent.
(6) This section does
not authorise, without consent, the entry or inspection of—
(a)
premises that are apparently unattended, unless the officer believes on
reasonable grounds that the premises are not unattended; or
(b)
premises that are, or any part of premises that is, used predominantly for
residential purposes.
(7) Without limiting
the above, the power to inspect premises under this section includes any or
all of the following:
(a) the
power to inspect and take copies of or extracts from any records located at
the premises and required to be kept under an Australian road law;
(b) the
power to check the existence of and inspect any devices (including weighing,
measuring, recording or monitoring devices) required to be installed, used or
maintained under an Australian road law, and to inspect and take copies of or
extracts from any readout or other data obtained from any such device;
(c) the
power to exercise with respect to a vehicle located at the premises any powers
that may be exercised during an inspection of a vehicle under
section 40Q(5);
(d) the
power to use photocopying equipment on the premises free of charge for the
purpose of copying any records or other material.
(8) This section does
not authorise the use of force, but the officer may under this section do any
or all of the following:
(a) open
unlocked doors and other unlocked panels and objects;
(b)
inspect anything that has been opened or otherwise accessed under the power to
use reasonable force in the exercise of a power to enter or move a vehicle
under Subdivision 3;
(c) move
but not take away anything that is not locked up or sealed.