ROAD TRAFFIC ACT 1961 - SECT 40T

ROAD TRAFFIC ACT 1961 - SECT 40T

40T—Power to search 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;

            (d)         premises where the officer concerned believes on reasonable grounds that—

                  (i)         a vehicle is or has been located; or

                  (ii)         transport documentation or journey documentation is located.

        (2)         An authorised officer may search premises for compliance purposes, if the officer believes on reasonable grounds—

            (a)         that there may be at the premises records, devices or other things that may provide evidence of an Australian road law offence; or

            (b)         that—

                  (i)         a vehicle has been or may have been involved in an accident; and

                  (ii)         the vehicle is connected with the premises.

        (3)         For the purposes of this section, a vehicle is "connected" with the premises if—

            (a)         the premises are the garage address of the vehicle; or

            (b)         the vehicle is, or has within the past 72 hours been, located at the premises; or

            (c)         the premises are or may be otherwise connected (directly or indirectly) with the vehicle or any part of its equipment or load.

        (4)         The officer may form the necessary belief during or after an inspection or independently of an inspection.

        (5)         The officer may enter the premises for the purpose of conducting the search.

        (6)         Without limiting the above, the officer may search, or enter and search, any vehicle at the premises.

        (7)         The search may be conducted—

            (a)         at any time under the authority of a warrant under this Act; or

            (b)         at any time with the consent of the occupier or other person apparently in charge of the premises; or

            (c)         if a business is carried on at the premises—at any time during the ordinary business hours applicable at the premises (whether or not the premises are actually being used at that time for that purpose), and without a warrant and without the consent of the occupier or other person apparently in charge of the premises or any other person; or

            (d)         if the officer believes on reasonable grounds that subsection (2)(b) applies—at any time, and without a warrant and without the consent of the occupier or other person apparently in charge of the premises or any other person.

        (8)         This section does not authorise, without a warrant or consent, the entry or searching of—

            (a)         premises that are 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.

        (9)         Without limiting the above, the power to search premises under this section includes any or all of the following:

            (a)         the power to search for evidence of an Australian road law offence;

            (b)         the power to search for and inspect any records, devices or other things that relate to a vehicle or any part of its equipment or load and that are located at the premises;

            (c)         the power to take copies of or extracts from any or all of the following:

                  (i)         any records that are located at the premises and are required to be kept under an Australian road law;

                  (ii)         any transport documentation or journey documentation located at the premises;

                  (iii)         any other records, or any readout or other data obtained from any device or thing, located at the premises that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an Australian road law offence;

            (d)         the power to use photocopying equipment on the premises free of charge for the purpose of copying any records or other material;

            (e)         the power to exercise with respect to a vehicle located at the premises any powers that may be exercised during a search of a vehicle under section 40R(6);

            (f)         any powers that may be exercised during an inspection of premises under section 40S(7).

        (10)         The power to search premises under this section does not include a power to search a person.

        (11)         The officer may seize and remove any records, devices or other things from the premises that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an Australian road law offence.

        (12)         The officer may use reasonable force in the exercise of powers under this section.