ROAD TRAFFIC ACT 1961 - SECT 41D

ROAD TRAFFIC ACT 1961 - SECT 41D

41D—Use of equipment to examine or process things

        (1)         Without limiting section 41C, an authorised officer exercising a power under this Division may bring to, or onto, a vehicle or premises any equipment reasonably necessary for the examination or processing of things found in, on or at the vehicle or premises in order to determine whether they are things that may be seized.

        (2)         If—

            (a)         it is not practicable to examine or process the things at the vehicle or premises; or

            (b)         the occupier of the vehicle or premises consents in writing,

the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized.

        (3)         The officer, or a person assisting the officer, may operate equipment already in, on or at the vehicle or premises to carry out the examination or processing of a thing found in, on or at the vehicle or premises in order to determine whether it is a thing that may be seized, if the officer or person assisting believes on reasonable grounds that—

            (a)         the equipment is suitable for the examination or the processing; and

            (b)         the examination or processing can be carried out without damage to the equipment or the thing.