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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Road Safety (Heavy Vehicle Safety) Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENTS TO THE ROAD SAFETY ACT 1986 3
3. Insertion of Part 9 3
PART 9--INSPECTIONS AND SEARCHES
CONCERNING HEAVY VEHICLES 3
Division 1--Preliminary Matters 3
106. Definitions 3
107. Residential purposes 12
108. Driver base 13
109. Copying of documents 14
110. Compliance purposes 15
111. Other reference provisions 15
112. Authorisation of authorised officers 15
Division 2--Inspections and Searches of Vehicles on
Highways or Public Places 17
113. Vehicles to which this Division applies 17
114. Power to inspect vehicle 17
115. Power to search vehicle 19
116. Production of identification by inspectors before vehicle
inspections or searches 21
117. Production of identification during inspection or search 22
118. Consent not needed for inspections or searches 23
Division 3--Inspections and Searches of Premises 23
119. Definition 23
120. Premises to which this Division applies 24
121. Power to inspect premises 24
122. Power to search premises 25
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Clause Page
123. When inspection or search may be conducted 28
124. Unattended or residential premises not to be searched 28
125. Procedure for obtaining informed consent 29
126. Production of identification by inspectors before
inspections or searches of premises 32
127. Production of identification during inspection or search 33
Division 4--Search Warrants 34
128. Search warrants 34
129. Announcement before entry 36
130. Details of warrant to be given to occupier 37
131. Seizure of things not mentioned in the warrant 37
Division 5--Inspectors May Give Directions 38
132. Power to require production of documents and related
items 38
133. Direction to provide reasonable assistance 39
134. Authority to run vehicle's engine 41
135. Direction to state name and address 41
136. Direction to provide certain information 42
137. Manner of giving directions under this Division 43
138. Self-incrimination not an excuse 44
Division 6--Seizure 45
139. Copies of certain seized things to be given 45
140. Access to seized things 46
141. Journey may be completed despite seizure of required
thing 46
142. Embargo notice 47
143. Retention and return of seized documents or things 49
144. Magistrates' Court may extend 3 month period 50
Division 7--Other Matters Concerning Inspections and
Searches 50
145. Use of assistants and equipment 50
146. Use of equipment to examine or process things 51
147. Use or seizure of electronic equipment 52
148. Obstructing or hindering inspectors 53
149. Impersonating authorised officers 53
4. Changes to definitions 53
5. General evidentiary provisions consequential amendment 54
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Clause Page
PART 3--AMENDMENTS TO OTHER ACTS 55
6. Repeal of superseded provision 55
7. Inspection of motor vehicles 55
8. Insertion of section 217A 56
217A. Additional inspection power concerning heavy vehicles 56
ENDNOTES 57
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PARLIAMENT OF VICTORIA
Initiated in Assembly 29 April 2003
A BILL
to amend the Road Safety Act 1986 and the Transport Act 1983 and
for other purposes.
Road Safety (Heavy Vehicle Safety) Act
2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY MATTERS
1. Purpose
The main purpose of this Act is to amend the
Road Safety Act 1986 and the Transport
5 Act 1983 to enable laws relating to the safe use of
heavy vehicles to be better enforced by providing
enhanced inspection and search powers.
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Road Safety (Heavy Vehicle Safety) Act 2003
Act No.
Part 1--Preliminary Matters
s. 2
2. Commencement
(1) This Act comes into operation on a day or days to
be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 1 July 2003, it comes into
operation on that date.
__________________
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Road Safety (Heavy Vehicle Safety) Act 2003
Act No.
Part 2--Amendments to the Road Safety Act 1986
s. 3
PART 2--AMENDMENTS TO THE ROAD SAFETY ACT 1986
3. Insertion of Part 9
See: After Part 8 of the Road Safety Act 1986
Act No.
insert--
127/1986.
Reprint No. 7
as at
5 'PART 9--INSPECTIONS AND SEARCHES
19 June 2002
CONCERNING HEAVY VEHICLES
and
amending
Act Nos
19/1991 (as Division 1--Preliminary Matters
amended by
Nos 23/2001,
106. Definitions
92/2001),
54/2001,
1/2002 and In this Part--
46/2002.
LawToday:
10 "accident" means an incident that involves
www.dms.
a heavy vehicle and that results--
dpc.vic.
gov.au
(a) in a person being killed or injured;
or
(b) in damage being caused to a
15 vehicle, or to other property;
"approved road transport compliance
scheme" means a scheme, agreement
or arrangement that--
(a) is prescribed by the regulations; or
20 (b) is identified by, or is of a class
identified by, the regulations--
and that makes provision for
compliance with a road or transport law
or a non-Victorian road or transport
25 law;
Example
A scheme, agreement or arrangement that
provides for a system of accreditation-based
compliance or for a system involving the use of
30 an intelligent transport system.
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Road Safety (Heavy Vehicle Safety) Act 2003
Act No.
Part 2--Amendments to the Road Safety Act 1986
s. 3
"authorised officer" means a person
authorised in writing by the
Corporation or the Secretary under
section 112;
5 "compliance purposes" has the meaning set
out in section 110;
"driver base" has the meaning set out in
section 108;
"garage address" of a heavy vehicle
10 means--
(a) in the case of a vehicle that is
normally kept at a depot or base of
operations when not in use--the
principal depot or base of
15 operations of the vehicle; or
(b) in the case of a vehicle that is
normally kept on a highway when
not in use--
(i) where the vehicle has only
20 one registered operator--the
home address of the
registered operator; or
(ii) where the vehicle has more
than one registered
25 operator--the home address
of the registered operator
whose home address is
nearest the highway where it
is kept; or
30 (c) in any other case, the place
nominated by the applicant for
registration as the place where the
vehicle is normally kept;
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Part 2--Amendments to the Road Safety Act 1986
s. 3
"goods" includes animals (whether dead or
alive) and containers (whether empty or
not), but does not include people or
fuel, water, lubricants, tools and other
5 equipment or accessories that are
necessary for the normal operation of
the vehicle in which they are carried
and that are not carried as cargo;
"heavy vehicle" includes--
10 (a) any other vehicle that is physically
connected to the heavy vehicle
(even if that other vehicle is not a
heavy vehicle); and
(b) a bus that is used, or that is
15 intended to be used, to carry
passengers for reward or in the
course of a business;
"inspector" means an authorised officer or a
member of the police force;
20 "intelligent transport system" means a
system involving the use of electronic
or other technology (whether located in
or on a vehicle or elsewhere) that has
the capacity to monitor, collect, store,
25 display, analyse or transmit information
relating--
(a) to a vehicle or its equipment or
load, the driver of a vehicle, the
operator of a fleet of vehicles or
30 another person involved in road
transport; and
(b) without limiting paragraph (a), to
the operation of a vehicle in
relation to its legal entitlements;
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Act No.
Part 2--Amendments to the Road Safety Act 1986
s. 3
"journey documentation" means any
documentation (other than transport
documentation) directly or indirectly
associated with--
5 (a) the actual or proposed physical
transport of goods or passengers
by road or any previous transport
of the goods or passengers by any
mode; or
10 (b) goods or passengers themselves so
far as the documentation is
relevant to their actual or
proposed physical transport--
whether or not the documentation has
15 been transmitted physically,
electronically or in any other manner
and whether or not the documentation
relates to a particular journey or to
journeys generally;
20 Examples
The following are examples of journey
documentation--
(a) documents kept or used or obtained by a
responsible person in connection with the
25 transport of goods or passengers;
(b) workshop, maintenance and repair
records relating to a vehicle used, or
claimed to be used, for the transport of
goods or passengers;
30 (c) a subcontractor's payment advice relating
to goods or passengers or the transport of
goods or passengers;
(d) documents kept or used or obtained by
the driver of the vehicle used, or claimed
35 to be used, for the transport of goods or
passengers, such as a driver's run sheet, a
log book entry, a fuel docket or receipt, a
food receipt, a tollway receipt, pay
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Part 2--Amendments to the Road Safety Act 1986
s. 3
records and mobile or other phone
records;
(e) information reported through the use of
an intelligent transport system;
5 (f) driver manuals and instruction sheets;
(g) advice in any form from check weighing
carried out before, during or after a
journey.
"legal entitlements" of a vehicle means the
10 details of the authority, conferred by or
under a relevant law or scheme, that
entitles it to be operated for the
transport of goods or passengers by
road, and includes any entitlements
15 arising under or affected--
(a) by a permit, authorisation,
approval, exemption, notice or
anything else given or issued
under that law or scheme; or
20 (b) by restrictions, or by the
application of restrictions, under a
relevant law or scheme or other
laws;
Examples
25 Examples of restrictions in paragraph (b)
include sign-posted mass limits for bridges and
hazardous weather condition permits.
"load", in relation to a vehicle, means--
(a) all the goods, passengers and
30 drivers in or on the vehicle; and
(b) all fuel, water, lubricants and
readily removable tools and
equipment carried in or on the
vehicle and required for its normal
35 operation; and
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Part 2--Amendments to the Road Safety Act 1986
s. 3
(c) anything that is used to enable
goods or passengers to be carried
in or on the vehicle and that is not
part of the vehicle; and
5 (d) personal items used by a driver of
the vehicle; and
(e) anything that is normally removed
from the vehicle when not in use--
and includes a part of a load;
10 "non-Victorian road or transport law"
means a law of an Australian
jurisdiction other than Victoria--
(a) that regulates, in that jurisdiction,
the same conduct that a road or
15 transport law regulates in Victoria;
or
(b) that is specified as a law for the
purposes of this definition by the
regulations;
20 "operator", in relation to a vehicle, means a
person who is responsible for
controlling or directing the operations
of the vehicle in connection with a
business for, or involving, the transport
25 of goods or passengers by road, but
does not include a person who
merely--
(a) arranges for the registration of the
vehicle; or
30 (b) maintains, or arranges for the
maintenance of, the vehicle;
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Part 2--Amendments to the Road Safety Act 1986
s. 3
"passenger", in relation to a vehicle, does
not include the driver of the vehicle, a
two-up driver of the vehicle or any
person necessary for the normal
5 operation of the vehicle;
"premises" includes any structure, building,
vessel or place (whether built on or
not), and any part of any such structure,
building, vessel or place;
10 "relevant law or scheme" means--
(a) a road or transport law; or
(b) a non-Victorian road or transport
law; or
(c) an approved road transport
15 compliance scheme;
"responsible person" means any person
having, at a relevant time, a role or
responsibilities associated with road
transport, and includes any of the
20 following--
(a) an owner of a heavy vehicle;
(b) a driver, including a two-up
driver, of a heavy vehicle;
(c) an operator or registered operator
25 of a heavy vehicle;
(d) a person in charge, or apparently
in charge, of a heavy vehicle;
(e) a person in charge, or apparently
in charge, of the garage address of
30 a heavy vehicle or the driver base
of a heavy vehicle;
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Part 2--Amendments to the Road Safety Act 1986
s. 3
(f) a person appointed under an
approved road transport
compliance scheme to have
monitoring or other
5 responsibilities under the scheme,
such as responsibilities for
certifying, monitoring or
approving heavy vehicles under
the scheme;
10 (g) an operator of an intelligent
transport system;
(h) a person who consigns goods for
transport by road;
(i) a person who packs goods in a
15 freight container or other
container or in a package or on a
pallet for transport by road;
(j) a person who loads goods or a
container on a heavy vehicle for
20 transport by road;
(k) a person who unloads goods, or a
container containing goods,
consigned for transport by road;
(l) a person to whom goods are
25 consigned for transport by road;
(m) a person who receives goods
packed outside Australia in a
freight container or other
container or on a pallet for
30 transport by road in Australia;
(n) an owner or operator of a
weighbridge or other weighing
facility used to weigh heavy
vehicles or an occupier of
35 premises where such a
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Road Safety (Heavy Vehicle Safety) Act 2003
Act No.
Part 2--Amendments to the Road Safety Act 1986
s. 3
weighbridge or weighing facility
is located;
(o) a person who consigned, or
arranged for, or offered, a freight
5 container to be transported by
road;
(p) a person who controls, or directly
influences, the loading or
operation of a heavy vehicle;
10 (q) an agent, employer, employee or
sub-contractor of any person
referred to in the preceding
paragraphs of this definition;
"road or transport law" means--
15 (a) this Act;
(b) the Transport Act 1983;
(c) any regulation made under this
Act or the Transport Act 1983;
"transport documentation" means--
20 (a) any contractual documentation
directly or indirectly associated
with--
(i) a transaction for, or relating
to, the actual or proposed
25 transport of goods or
passengers by road or any
previous transport of the
goods or passengers by any
mode; or
30 (ii) goods or passengers
themselves so far as the
documentation is relevant to
their actual or proposed
transport; or
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Road Safety (Heavy Vehicle Safety) Act 2003
Act No.
Part 2--Amendments to the Road Safety Act 1986
s. 3
(b) any associated documentation--
(i) contemplated in the
contractual documentation;
or
5 (ii) required by law, or
customarily provided, in
connection with the
contractual documentation or
with the transaction--
10 whether or not the documentation has
been transmitted physically,
electronically or in any other manner;
Examples
Examples of transport documentation include
15 an invoice, delivery order, consignment note,
load manifest, vendor declaration, export
receival advice, bill of lading, contract of
carriage, sea carriage document, and container
weight declaration, relating to goods or
20 passengers.
"two-up driver" means a person who--
(a) shares with another person the
driving of a heavy vehicle; and
(b) travels as a passenger on the
25 vehicle whilst the other person is
driving the vehicle.
107. Residential purposes
For the purposes of this Part, a premises, or a
part of a premises, that is used for business
30 purposes is not to be taken to be used for
residential purposes merely because sleeping
or other accommodation is provided there for
the drivers of heavy vehicles.
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Road Safety (Heavy Vehicle Safety) Act 2003
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Part 2--Amendments to the Road Safety Act 1986
s. 3
108. Driver base
(1) In this Part, the "driver base", in relation to
a heavy vehicle, is--
(a) in the case of a heavy vehicle that is not
5 part of a group of vehicles--
(i) the place recorded for the time
being as the driver base in the log
book kept by the driver of the
vehicle; or
10 (ii) if no place is recorded as specified
in sub-paragraph (i)--the garage
address of the vehicle, as
recorded--
(A) by the Corporation; or
15 (B) if the vehicle is registered in
another State or Territory, by
the registration authority of
that State or Territory; or
(iii) if no place is recorded as specified
20 in sub-paragraph (i) or (ii)--the
place from which the driver
normally works and receives
instructions; or
(b) in the case of a group of vehicles--
25 (i) the place recorded for the time
being as the driver base in the log
book kept by the driver of the
group; or
(ii) if no place is recorded as specified
30 in sub-paragraph (i)--the garage
address of each vehicle in the
group, as recorded--
(A) by the Corporation; or
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Act No.
Part 2--Amendments to the Road Safety Act 1986
s. 3
(B) if a vehicle is registered in
another State or Territory, by
the registration authority of
that State or Territory; or
5 (iii) if no place is recorded as specified
in sub-paragraph (i) or (ii)--the
place from which the driver
normally works and receives
instructions.
10 (2) In sub-section (1), "group of vehicles"
means a heavy vehicle that is physically
connected to one or more other vehicles
(even if those other vehicles are not heavy
vehicles).
15 (3) For the purposes of this section, if a driver is
a self-employed driver and an employed
driver at different times, the driver may have
one driver base as a self-employed driver and
another driver base as an employed driver.
20 (4) For the purposes of this section, if a driver
has 2 or more employers, the driver may
have a different driver base in relation to
each employer.
109. Copying of documents
25 If this Part confers on a person the power to
copy a document, the person--
(a) may copy all, or part of, the document
or the contents of the document; and
(b) may access any device or thing in
30 which the document exists or is stored
to enable that copying.
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Act No.
Part 2--Amendments to the Road Safety Act 1986
s. 3
110. Compliance purposes
In this Part "compliance purposes" are
purposes related to ascertaining whether or
not a relevant law or scheme has been
5 contravened or is being complied with.
111. Other reference provisions
(1) A reference in this Part to the owner,
operator or registered operator of a vehicle
includes, in the case of a group of vehicles
10 that are physically connected, a reference to
the owner, operator or registered operator of
each of the vehicles in the group.
(2) A reference to a contravention of a relevant
law or scheme is a reference--
15 (a) in the case of a road or transport law or
a non-Victorian road or transport law,
to the commission of an offence against
that law;
(b) in the case of an approved road
20 transport compliance scheme, to a
failure to comply with, or to a breach
of, that scheme.
(3) A reference to a requirement imposed by a
law or scheme includes a reference to a
25 requirement imposed under a law or scheme.
112. Authorisation of authorised officers
(1) The Corporation may authorise an officer of
the Corporation, and the Secretary may
authorise an officer of the Department of
30 Infrastructure, to carry out--
(a) any inspections and searches of heavy
vehicles and premises that are
permitted by this Part; or
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Act No.
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s. 3
(b) any inspections and searches of heavy
vehicles that are permitted by this Part;
or
(c) the inspection of a particular heavy
5 vehicle or premises, or class of heavy
vehicle or premises, that is permitted by
this Part; or
(d) the inspection and search of a particular
heavy vehicle or premises, or class of
10 heavy vehicle or premises, that is
permitted by this Part.
(2) In authorising a person under this section,
the Corporation or Secretary must give the
person an identity card--
15 (a) that identifies the person by name as an
inspector under this Part; and
(b) that specifies, in the case of a person
who is authorised to carry out
inspections under sub-sections (1)(a)
20 and (1)(b), what inspections and
searches the person has been authorised
to conduct; and
(c) that contains a photograph of the
person.
25 (3) In the case of a person who is authorised to
carry out inspections under sub-sections
(1)(c) and (1)(d), the Corporation or
Secretary must also give the person a paper
document that specifies the inspections or
30 searches that the person has been authorised
to conduct.
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Part 2--Amendments to the Road Safety Act 1986
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(4) If a person's authorisation under this section
is revoked, expires or otherwise ceases to
have effect, he or she must return his or her
identity card and any document he or she
5 was given under sub-section (3) to the
Corporation or Secretary as soon as is
practicable.
Penalty: 60 penalty units.
Division 2--Inspections and Searches of
10 Vehicles on Highways or Public Places
113. Vehicles to which this Division applies
This Division applies to a heavy vehicle that
is--
(a) on any highway; or
15 (b) in or on any public place; or
(c) in or on any premises occupied or
owned by the Corporation or by any
other public authority; or
(d) in or on any premises that an inspector
20 is authorised to enter under Division 3
or 4; or
(e) in or on any other place, but only if the
vehicle has entered that place as the
immediate result of it being involved in
25 an accident on or near a highway.
114. Power to inspect vehicle
(1) An inspector may inspect a vehicle to which
this Division applies for compliance
purposes.
30 (2) Without limiting sub-section (1), in
conducting an inspection of the vehicle, the
inspector may--
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(a) enter the vehicle;
(b) weigh the vehicle or any part of the
vehicle or its equipment or load;
(c) otherwise measure, or test, or take
5 photographs of, the vehicle or any part
of the vehicle or its equipment or load
(other than a passenger);
(d) check the existence or details of, or take
photographs of, placards or other
10 information required by a relevant law
or scheme to be displayed in or on the
vehicle, including placards or other
information relating to its
specifications, capabilities or legal
15 entitlements;
(e) copy--
(i) any documents located in or on
the vehicle that are required to be
carried in or on the vehicle by a
20 relevant law or scheme;
(ii) any documents relating to the
vehicle, or the use of the vehicle,
that are accessible electronically
from equipment located in or on
25 the vehicle;
(f) examine any goods found in or on the
vehicle that the inspector believes, on
reasonable grounds, provide, or may on
further examination provide, evidence
30 of a contravention of a relevant law or
scheme.
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(3) This section does not authorise the use of
force, but the inspector may do any or all of
the following--
(a) open unlocked doors, panels, objects or
5 other things, or open unlocked places;
(b) move, but not take away, anything that
is not locked up or sealed.
(4) In the case of a vehicle to which this
Division applies as a result of section 113(e),
10 the inspector may, for the purpose of
inspecting the vehicle, enter the place that
the vehicle is in or on without the consent of
the owner or occupier of the place.
(5) A photograph taken under sub-section (2)(c)
15 of a vehicle, or of any part of a vehicle or its
equipment or load, is not inadmissible as
evidence by reason only of the fact that it
includes the likeness of one or more of the
vehicle's passengers if the capturing of that
20 likeness does not appear to have been the
main reason for the taking of the photograph.
115. Power to search vehicle
(1) An inspector may search a vehicle to which
this Division applies if the inspector believes
25 on reasonable grounds--
(a) that the vehicle has been used, or is
being used, in contravention of a
relevant law or scheme; or
(b) that the vehicle has been, or may have
30 been, involved in an accident.
(2) The inspector may form the necessary belief
during or after an inspection, or
independently of an inspection.
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(3) Without limiting sub-section (1), in
searching the vehicle, the inspector may--
(a) do anything that he or she may do in
inspecting a vehicle under section 114;
5 (b) search for evidence of a contravention
of a relevant law or scheme;
(c) search for any documents, devices or
other things that relate to the vehicle or
any part of its equipment or load and
10 that are located in or on the vehicle;
(d) copy any or all of the following--
(i) any transport documentation or
journey documentation located in
or on the vehicle;
15 (ii) any other documents located in or
on the vehicle that the inspector
believes on reasonable grounds
provide, or may on further
inspection provide, evidence of a
20 contravention of a relevant law or
scheme.
(4) The inspector may seize and remove any
documents, devices or other things from the
vehicle that the inspector believes on
25 reasonable grounds provide, or may on
further inspection provide, evidence of a
contravention of a relevant law or scheme.
(5) This section does not authorise an inspector
to search a person, even if the person is part
30 of a vehicle's load.
(6) A member of the police force may use
reasonable force in the exercise of a power
under this section.
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s. 3
116. Production of identification by inspectors
before vehicle inspections or searches
(1) This section applies if--
(a) an inspector wishes to inspect or search
5 a vehicle under this Division; and
(b) the driver, or another person apparently
in charge of the vehicle, is present in,
on or near the vehicle.
(2) Before starting to inspect or search the
10 vehicle, an inspector who is not a member of
the police force--
(a) must identify himself or herself to the
driver or person by producing his or her
identity card for inspection by the
15 driver or person; and
(b) if the inspector is acting under an
authorisation issued under section
112(1)(c) or 112(1)(d), must also
produce the document given to him or
20 her under section 112(3) for inspection
by the driver or person.
(3) In the case of an inspector who is a member
of the police force, but who is not in
uniform, before starting to inspect or search
25 the vehicle he or she must identify himself or
herself to the driver or person by producing
his or her identification as a member of the
police force.
(4) It is not necessary for an inspector who is a
30 member of the police force and who is in
uniform to identify himself or herself before
starting to inspect or search the vehicle.
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(5) Despite sub-section (2), it is not necessary
for an inspector who is an authorised officer
to identify himself or herself before starting
to inspect or search the vehicle if--
5 (a) he or she is in uniform; and
(b) the inspection or search is to be
conducted at a weighbridge or other
place on or next to a highway as part of
a program of inspections or searches of
10 heavy vehicles.
(6) If an inspector decides to start a search while
in the process of conducting an inspection, it
is not necessary for the inspector to comply
with sub-section (2) or (3) again if the
15 inspector starts the search during, or
immediately after, the inspection.
117. Production of identification during
inspection or search
(1) An inspector conducting an inspection or a
20 search of a heavy vehicle under this Division
must, if asked to do so, produce for
inspection--
(a) if the inspector is an authorised
officer--
25 (i) his or her identity card; and
(ii) if the inspector is acting under an
authorisation issued under section
112(1)(c) or 112(1)(d), the
document given to him or her
30 under section 112(3); or
(b) if the inspector is a member of the
police force who is not in uniform, his
or her identification as a member of the
police force.
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(2) An inspector must comply with sub-
section (1) even if he or she has complied
with section 116.
(3) It is not necessary for an inspector who is a
5 member of the police force and who is in
uniform to produce any identification if
asked to do so while conducting an
inspection or a search under this Division.
(4) It is not necessary for an inspector to comply
10 with a request to produce identification that
is made by a person to whom the inspector
has already produced that identification
before or during an inspection or search.
118. Consent not needed for inspections or
15 searches
An inspector may exercise a power under
this Division at any time, and without the
consent of the driver, or other person
apparently in charge of the vehicle, or any
20 other person.
Division 3--Inspections and Searches of
Premises
119. Definition
In this Division--
25 "authorised inspector" means--
(a) an authorised officer who has
been authorised by the
Corporation or the Secretary to
inspect and search premises under
30 section 112(1)(a), 112(1)(b) or
112(1)(d);
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(b) a member of the police force who
has been authorised by the Chief
Commissioner of Police to inspect
and search premises.
5 120. Premises to which this Division applies
This Division applies to the following
premises--
(a) any premises at or from which a
responsible person carries on business,
10 or that is occupied by a responsible
person in connection with such a
business, or that is a registered office of
a responsible person under the
Corporations Act;
15 (b) the garage address of a heavy vehicle;
(c) the driver base of a heavy vehicle;
(d) any premises where documents are kept
for the purposes of, or are required to
be kept by, a relevant law or scheme;
20 (e) any premises where transport or
journey documentation relating to
heavy vehicles is kept by a responsible
person.
121. Power to inspect premises
25 (1) An authorised inspector may inspect a
premises to which this Division applies for
compliance purposes.
(2) Without limiting sub-section (1), in
conducting an inspection of a premises, the
30 authorised inspector may--
(a) enter the premises;
(b) inspect, or enter and inspect, any heavy
vehicle in or on the premises;
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(c) inspect and copy any documents
located at the premises that are required
to be kept by a relevant law or scheme;
(d) check the existence of and inspect any
5 devices (including weighing,
measuring, recording or monitoring
devices) that are required to be
installed, used or maintained by a
relevant law or scheme, and to inspect
10 and copy any document obtained from
any such device;
(e) examine any goods found on or in the
premises that the inspector believes, on
reasonable grounds, provide, or may on
15 further examination provide, evidence
of a contravention of a relevant law or
scheme;
(f) exercise with respect to a heavy vehicle
located at the premises any power that
20 may be exercised during an inspection
of a heavy vehicle under section 114(2).
(3) This section does not authorise the use of
force, but the authorised inspector may under
this section do any or all of the following--
25 (a) open unlocked doors, panels, objects or
other things, or open unlocked places;
(b) move, but not take away, anything that
is not locked up or sealed.
122. Power to search premises
30 (1) This section applies to the following
premises--
(a) any premises to which this Division
applies;
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(b) any premises where an authorised
inspector believes on reasonable
grounds that a heavy vehicle is located.
(2) An authorised inspector may search a
5 premises to which this section applies if the
inspector believes on reasonable grounds
that--
(a) there may be, at the premises, evidence
of a contravention of a relevant law or
10 scheme; or
(b) a heavy vehicle has been, or may have
been, involved in an accident and--
(i) the premises are the garage
address of the vehicle; or
15 (ii) the premises are or may be
otherwise connected (directly or
indirectly) with the vehicle or any
part of its equipment or load, and
the vehicle is, or has been, at the
20 premises.
(3) The authorised inspector may form the
necessary belief during or after an
inspection, or independently of an
inspection.
25 (4) Without limiting sub-section (2), in
searching a premises, the authorised
inspector may--
(a) do anything that he or she may do in
inspecting a premises under
30 section 121;
(b) search for evidence of a contravention
of a relevant law or scheme;
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(c) search for and inspect any documents,
devices or other things that relate to a
heavy vehicle or any part of its
equipment or load and that are located
5 at the premises;
(d) copy any or all of the following--
(i) any transport documentation or
journey documentation located at
the premises;
10 (ii) any documents that are required to
be kept by a relevant law or
scheme that are located at the
premises;
(iii) any other documents located at the
15 premises that the inspector
believes on reasonable grounds
provide, or may on further
inspection provide, evidence of a
contravention of a relevant law or
20 scheme;
(e) exercise with respect to a heavy vehicle
located at the premises any powers that
may be exercised during a search of a
heavy vehicle under section 115(3).
25 (5) The authorised inspector may seize and
remove any documents, devices or other
things from the premises that the inspector
believes on reasonable grounds provide, or
may on further inspection provide, evidence
30 of a contravention of a relevant law or
scheme.
(6) A member of the police force may use
reasonable force in the exercise of a power
under this section.
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123. When inspection or search may be
conducted
(1) An inspection or search under this Division
may be conducted--
5 (a) at any time, if the authorised inspector
has obtained a consent to the inspection
or search in accordance with
section 125; or
(b) if a business is carried on at the
10 premises--at any time during the usual
business operating hours applicable at
the premises, and without the consent
of the occupier or other person
apparently in charge of the premises, or
15 any other person (subject to
section 124(1)(a)).
(2) For the purposes of this section, a premises
that is used for predominantly residential
purposes is not a business premises, even if,
20 for instance, it is the registered business
address of a responsible person.
124. Unattended or residential premises not to be
searched
(1) This Division does not authorise, without a
25 consent obtained in accordance with
section 125, the inspection or search of--
(a) a premises that is unattended at the time
of proposed entry; or
(b) a premises that is used for
30 predominantly residential purposes.
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(2) For the purposes of sub-section (1)(a), a
premises is unattended unless one or other of
the following is present on the premises--
(a) a responsible person; or
5 (b) a person who is, or who appears to be,
of or over the age of 16 years and who
is, or who appears to be, in charge of
the premises.
(3) If an authorised inspector enters a premises
10 that the inspector believes is attended, but
then discovers that the premises is
unattended, the inspector--
(a) must place in a prominent position in
the premises a notice stating--
15 (i) the inspector's name and contact
details; and
(ii) that the inspector entered the
premises for the purposes of this
Act; and
20 (iii) that the inspector left the premises
after finding them unattended
within the meaning of this Act;
and
(b) must then immediately leave the
25 premises.
125. Procedure for obtaining informed consent
(1) Consent to an inspection or search may only
be obtained in accordance with this section
from--
30 (a) in the case of a premises that is used for
predominantly residential purposes, a
person who the authorised inspector
reasonably believes to be the occupier
or owner of the premises;
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(b) in any other case, a person who is, or
who appears to be, of or over the age of
16 years and who is, or who appears to
be, in charge of the premises.
5 (2) An authorised inspector obtains a person's
consent in accordance with this section if the
inspector--
(a) produces for inspection by the person--
(i) if the inspector is an authorised
10 officer--
(A) his or her identity card; and
(B) if the inspector is acting
under an authorisation issued
under section 112(1)(c) or
15 112(1)(d), the document
given to him or her under
section 112(3); or
(ii) if the inspector is a member of the
police force who is not in uniform,
20 his or her identification as a
member of the police force; and
(b) informs the person--
(i) of the purpose of the inspection or
search; and
25 (ii) that the person may refuse to give
consent to the inspection or
search; and
(iii) that the inspector is entitled to
copy most documents found on
30 the premises during the inspection
or search; and
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(iv) in the case of an inspection--
(A) that the inspector may only
take a thing from the
premises with the consent of
5 the person; and
(B) that the inspector may begin
to search the premises if he
or she finds anything that
gives him or her the
10 authority to do so; and
(v) that in conducting a search the
inspector is entitled to seize
anything that might be evidence of
a contravention of a relevant law
15 or scheme; and
(vi) that anything seized, taken or
copied during the inspection or
search may be used in evidence in
proceedings; and
20 (c) obtains the person's signature to an
acknowledgment that states--
(i) that the person has been given the
information listed in
paragraph (b); and
25 (ii) that the person consents to the
inspection or search; and
(iii) the date and time that the person
consented; and
(d) gives the person a copy of the
30 acknowledgment.
(3) For the purposes of sub-section (2), it is not
necessary for an inspector who is a member
of the police force and who is in uniform to
produce his or her identification as a member
35 of the police force.
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(4) If, in any proceeding, an acknowledgment is
not produced to the court or tribunal, it must
be presumed, until the contrary is proved,
that the inspection or search occurred
5 without consent.
(5) For the purposes of this Act, a person does
not obstruct an inspector by refusing to
consent to an inspection or search.
126. Production of identification by inspectors
10 before inspections or searches of premises
(1) This section applies if--
(a) an authorised inspector wishes to
inspect or search a premises under this
Division; and
15 (b) the inspector has not obtained a consent
to the inspection or search in
accordance with section 125.
(2) In this section, "occupier" means, in
relation to a premises that is to be inspected
20 or searched--
(a) the occupier or owner of the premises;
or
(b) a responsible person on the premises; or
(c) a person who is, or who appears to be,
25 of or over the age of 16 years and who
is, or who appears to be, in charge of
the premises.
(3) Before starting to inspect or search the
premises, an inspector who is not a member
30 of the police force must, if it is practicable to
do so--
(a) identify himself or herself to an
occupier of the premises by producing
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his or her identity card for inspection
by the occupier; and
(b) if the inspector is acting under an
authorisation issued under section
5 112(1)(c) or 112(1)(d), also produce the
document given to him or her under
section 112(3) for inspection by the
occupier.
(4) In the case of an inspector who is a member
10 of the police force, but who is not in
uniform, before starting to inspect or search
the premises he or she must, if it is
practicable to do so, identify himself or
herself to an occupier by producing his or
15 her identification as a member of the police
force.
(5) It is not necessary for an inspector who is a
member of the police force and who is in
uniform to identify himself or herself before
20 starting to inspect or search the premises.
(6) If an inspector decides to start a search while
in the process of conducting an inspection, it
is not necessary for the inspector to comply
with sub-section (3) or (4) again if the
25 inspector starts the search during, or
immediately after, the inspection.
127. Production of identification during
inspection or search
(1) An inspector conducting an inspection or a
30 search of a premises under this Division
must, if asked to do so, produce for
inspection--
(a) if the inspector is an authorised
officer--
35 (i) his or her identity card; and
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(ii) if the inspector is acting under an
authorisation issued under section
112(1)(c) or 112(1)(d), the
document given to him or her
5 under section 112(3);
(b) if the inspector is a member of the
police force who is not in uniform, his
or her identification as a member of the
police force.
10 (2) An inspector must comply with sub-
section (1) even if he or she has complied
with section 126.
(3) It is not necessary for an inspector who is a
member of the police force and who is in
15 uniform to produce any identification if
asked to do so while conducting an
inspection or a search under this Division.
(4) It is not necessary for an inspector to comply
with a request to produce identification that
20 is made by a person to whom the inspector
has already produced that identification
before or during an inspection or search.
Division 4--Search Warrants
128. Search warrants
25 (1) An inspector may apply to a magistrate for
the issue of a search warrant in relation to a
premises, if the inspector believes on
reasonable grounds that there is on the
premises evidence of a contravention of a
30 road or transport law.
(2) The magistrate may issue a search warrant if
he or she is satisfied, by evidence provided
by the inspector on oath or by affidavit, that
there are reasonable grounds to believe that
35 there is on a premises a thing or things of a
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particular kind that may be evidence of the
contravention of a road or transport law.
(3) The warrant is to be issued in accordance
with the Magistrates' Court Act 1989.
5 (4) In the warrant, the magistrate may authorise
the inspector, or another inspector named in
the warrant, together with any other person
or people named or otherwise identified in
the warrant, and with any necessary
10 equipment--
(a) to enter the premises; and
(b) to do all or any of the following--
(i) to search for;
(ii) to seize;
15 (iii) to secure against interference;
(iv) to examine and inspect;
(v) to inspect and copy--
the thing or things.
(5) In the warrant, the magistrate may authorise
20 an inspector who is a member of the police
force to use force, if necessary, to enter the
premises.
(6) The warrant must state--
(a) the purpose for which the search is
25 required and the nature of the alleged
contravention; and
(b) the identity of the premises to be
searched and the thing or things in
respect of which it is issued; and
30 (c) any conditions to which it is subject;
and
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(d) whether entry is authorised to be made
at any time of the day or night or during
stated hours of the day or night; and
(e) a day, not later than 28 days after the
5 issue of the warrant, on which it ceases
to have effect.
(7) A warrant directed to a named member of
the police force may be executed by any
member of the police force.
10 (8) Except as provided by this Act, the rules to
be observed with respect to search warrants
under the Magistrates' Court Act 1989
extend and apply to warrants issued under
this section.
15 129. Announcement before entry
(1) Before executing a search warrant, the
inspector named in the warrant or any other
person authorised under section 128(4)--
(a) must announce that he or she is
20 authorised by the warrant to enter the
premises; and
(b) must give any person at the premises an
opportunity to allow entry to the
premises.
25 (2) An inspector or authorised person need not
comply with sub-section (1) if he or she
believes, on reasonable grounds, that
immediate entry to the premises is required
to ensure--
30 (a) the safety of any person; or
(b) that the effective execution of the
warrant is not frustrated.
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130. Details of warrant to be given to occupier
(1) If the occupier is present at the premises
where a search warrant is being executed, the
inspector must--
5 (a) identify himself or herself to the
occupier; and
(b) give to the occupier a copy of the
warrant.
(2) If the occupier is not present at the premises
10 where a search warrant is being executed but
another person is present, the inspector
must--
(a) identify himself or herself to that
person; and
15 (b) give the person a copy of the warrant.
131. Seizure of things not mentioned in the
warrant
A search warrant authorises the inspector
executing the warrant, in addition to the
20 seizure of any thing of the kind described in
the warrant, to seize any thing which is not
of the kind described in the warrant if--
(a) the inspector believes, on reasonable
grounds, that the thing--
25 (i) is of a kind which could have been
included in a warrant issued under
this Division; or
(ii) will afford evidence about the
contravention of a road or
30 transport law; and
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(b) in the case of seizure, the inspector
believes, on reasonable grounds, that it
is necessary to seize that thing in order
to prevent its concealment, loss or
5 destruction or its use in contravention
of a road or transport law.
Division 5--Inspectors May Give Directions
132. Power to require production of documents
and related items
10 (1) An inspector may, for compliance purposes,
direct a responsible person to provide to the
inspector--
(a) any transport or journey documentation
relating to the use of a heavy vehicle;
15 and
(b) any document required to be kept under
a relevant law or scheme in relation to
heavy vehicles; and
(c) any documents, devices or other things
20 in his, her or its possession or control
relating to or indicating--
(i) the use, performance or condition
of a heavy vehicle; or
(ii) the ownership, insurance or
25 registration of a heavy vehicle; or
(iii) any load or equipment carried or
intended to be carried by a heavy
vehicle (including insurance of
any such load or equipment); or
30 (d) any documents, devices or other things
in his, her or its possession or control
demonstrating that an alleged garage
address of a heavy vehicle is the actual
garage address of the vehicle.
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(2) The direction must state where and to whom
the documents, devices or other things are to
be produced.
(3) In giving a direction, the inspector may
5 specify particular documents, devices or
other things, or particular classes of
documents, devices or other things.
(4) The inspector may do any or all of the
following--
10 (a) inspect any documents, devices or other
things that are produced;
(b) copy any documents, devices or other
things that are produced;
(c) seize and remove any documents,
15 devices or other things that are
produced that the inspector believes on
reasonable grounds provide, or may on
further inspection provide, evidence of
a contravention of a relevant law or
20 scheme.
(5) A responsible person must not, without
reasonable excuse, refuse or fail to comply
with a direction made under sub-section (1).
Penalty applying to this sub-section:
25 60 penalty units.
133. Direction to provide reasonable assistance
(1) An inspector may direct a responsible person
to provide assistance to the inspector to
enable the inspector effectively to exercise a
30 power under this Part.
(2) Without limiting sub-section (1), the
inspector may direct the person to do any or
all of the following--
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(a) to find and gain access to electronically
stored information;
(b) to find and gain access to any
information required to be on a vehicle
5 to indicate its specifications,
capabilities or legal entitlements;
(c) to find and gain access to any
information relating to a heavy vehicle
(including the performance,
10 specifications, capabilities, use and
legal entitlements of the vehicle) in a
useable form for the purpose of
ascertaining its compliance with
requirements imposed by a relevant law
15 or scheme;
(d) to weigh or measure the whole or any
part of a heavy vehicle or its load;
(e) to run the engine of a heavy vehicle.
(3) A responsible person must not, without
20 reasonable excuse, refuse or fail to comply
with a direction made under sub-section (1).
Penalty: 60 penalty units.
(4) In proceedings for an offence against sub-
section (3), it is a defence if the person
25 charged establishes that--
(a) the direction was unreasonable; or
(b) without limiting paragraph (a), the
direction or its subject-matter was
outside the scope of the business or
30 other activities of the person.
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134. Authority to run vehicle's engine
(1) Section 133 does not authorise an inspector
to direct a person to drive a vehicle.
(2) If a person fails to comply with a direction
5 under section 133 to run the engine of a
heavy vehicle, or no responsible person is
available to do so, an inspector may--
(a) enter the vehicle and run its engine; or
(b) authorise any other person to do so.
10 (3) A member of the police force or a person
authorised by a member of the police force
may use reasonable force in the exercise of a
power under sub-section (2).
135. Direction to state name and address
15 (1) An inspector may, for compliance purposes,
direct an individual whom the inspector
believes on reasonable grounds is, or may be,
a responsible person to state his or her name,
home address and business address.
20 (2) A person must comply immediately with a
direction.
Penalty: 5 penalty units.
(3) A person must not, in purported compliance
with a direction, knowingly provide a false
25 name or address.
Penalty: 5 penalty units.
(4) In proceedings against a person for an
offence of failing to state the person's
business address, it is a defence if the person
30 charged establishes that the person did not
have a business address or that the person's
business address was not connected (directly
or indirectly) with road transport involving
heavy vehicles.
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(5) This section does not affect any other law
that requires a person to state the person's
name or address.
136. Direction to provide certain information
5 (1) An inspector may direct, for compliance
purposes, a responsible person who is
associated with a particular heavy vehicle--
(a) to state the name, home address and
business address of--
10 (i) any other responsible person who
is associated with the vehicle or
any load that is being carried by
the vehicle; and
(ii) if so directed, in the case of a
15 group of vehicles to which the
heavy vehicle is physically
connected, the registered operator
of each vehicle in the group;
(b) to give any information that it is within
20 the power of the person to give that
may lead to the identification of the
driver of the vehicle on any occasion.
(2) A person must comply with a direction.
Penalty: 5 penalty units.
25 (3) A person must not, in purported compliance
with a direction, knowingly provide
information that is false or misleading in a
material respect.
Penalty: 5 penalty units.
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(4) In proceedings against a person for an
offence of failing to comply with a direction,
it is a defence if the person charged
establishes that the person did not know, and
5 could not be reasonably expected to know or
ascertain, the required information.
(5) In proceedings against a person for an
offence of failing to state another person's
business address, it is a defence if the person
10 charged establishes that the other person did
not have a business address or that the other
person's business address was not connected
(directly or indirectly) with road transport
involving heavy vehicles.
15 137. Manner of giving directions under this
Division
(1) A direction under this Division may be given
orally or in writing.
(2) If giving a direction orally, the inspector
20 giving the direction--
(a) must state whether it is to be complied
with immediately or within a specified
period; and
(b) must warn the person to whom the
25 direction is given that it is an offence
under this Act to fail to comply with a
direction.
(3) If giving a direction in writing, the inspector
must ensure that the direction--
30 (a) states the period within which it is to be
complied with; and
(b) states that it is an offence under this Act
to fail to comply with a direction.
(4) A written direction may be given to, or sent
35 by post to, the person to whom it is directed.
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138. Self-incrimination not an excuse
(1) A person is not excused from complying
with a direction made under this Division on
the ground that complying with the direction
5 may result in information being provided
that might incriminate the person.
(2) Any information obtained from a natural
person under this Division is not admissible
in evidence against the person in criminal
10 proceedings other than in proceedings in
respect of the provision of false information.
(3) Despite sub-section (2), any information
obtained from a person under section 135(1)
is admissible in evidence against the person
15 in criminal proceedings.
(4) Despite sub-section (2), any information
obtained from a person under this Division
that is contained in any document or item--
(a) that the person is required to keep by
20 any law or approved road transport
compliance scheme; or
(b) that was obtained without the direct
assistance of the person--
is admissible in evidence against the person
25 in criminal proceedings.
(5) For the purposes of sub-section (4), a person
provides direct assistance in the obtaining of
a document or item if the person is required
to identify, to reveal the location of, or to
30 explain the contents of, the document or
item.
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Division 6--Seizure
139. Copies of certain seized things to be given
(1) If, in exercising a power under this Part, an
inspector seizes--
5 (a) a document; or
(b) a thing that can be readily copied; or
(c) a storage device that contains
information that can be readily
copied--
10 the inspector must give a copy of the
document, thing or information to the owner
or custodian of the document, thing or device
as soon as is practicable after the seizure.
(2) Sub-section (1) does not apply--
15 (a) to any document, thing or device
moved under section 146(2); or
(b) if the inspector is unable to discover the
identity of the owner or custodian of
the document, thing or device.
20 (3) If it is not practicable to comply with sub-
section (1) in respect of a thing before the
inspector finishes the search, the inspector
must give a receipt for it to the person from
whom it is seized and removed.
25 (4) In the case of a paper document, the
inspector must certify on any copy of the
document given to a person under this
section that the copy is an accurate copy of
the document.
30 (5) A copy of a document certified under sub-
section (4) is to be received in all courts and
tribunals as evidence of equal validity to the
original.
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140. Access to seized things
(1) If a thing is seized under this Part, the
inspector who seized the thing must, if
practicable, allow the person who would
5 normally be entitled to possession of it
reasonable access to it while it remains in the
possession, or under the control, of the
inspector.
(2) This section does not apply if the inspector
10 has given the person an accurate copy of the
thing.
141. Journey may be completed despite seizure
of required thing
(1) This section applies if, during a search, an
15 inspector seizes from a vehicle in transit any
thing that is required by law to be carried in
or on the vehicle while the vehicle is being
driven.
(2) At the conclusion of the search the driver, or
20 two-up driver, of the vehicle may complete
the journey that he or she was undertaking at
the time the search was conducted despite
the seizure of the thing, and he or she does
not commit any offence by doing so.
25 (3) For the purposes of this section, a journey is
completed at any time a vehicle reaches its
driver base, even if it was intended that the
original journey would take it beyond that
base.
30 (4) This section does not apply if the driver of
the vehicle is asked to produce the thing that
was seized and he or she fails to produce in
response to that request the copy of the thing,
or the receipt for the thing, that was given
35 under section 139.
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(5) This section does not apply at any time after
the further use of the vehicle has been
lawfully prohibited.
(6) If the thing seized is evidence that a person is
5 authorised to carry out an activity under a
law, this section also does not apply at any
time after the authority to carry out that
activity is suspended or cancelled.
142. Embargo notice
10 (1) This section applies if--
(a) an inspector is authorised to seize any
thing under this Part; and
(b) the thing cannot, or cannot readily, be
physically seized and removed; and
15 (c) the inspector--
(i) is a member of the police force
who has been authorised under
section 119(b) to inspect and
search premises; or
20 (ii) has been authorised by the
Corporation or the Secretary to
issue embargo notices under this
section.
(2) The inspector may issue an embargo notice
25 in relation to the thing.
(3) An embargo notice is a notice forbidding the
movement, sale, leasing, transfer, deletion of
information from or other dealing with the
thing, or any part of the thing, without the
30 written consent of the inspector, the
Secretary, the Corporation or the Chief
Commissioner of Police.
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(4) The embargo notice--
(a) must be in the form, or contain the
details, required by the regulations; and
(b) must list the activities that it forbids;
5 and
(c) must set out a copy of sub-section (8).
(5) The inspector may issue the notice--
(a) by causing a copy of the notice to be
served on the occupier; or
10 (b) if that person cannot be located after all
reasonable steps have been taken to do
so, by affixing a copy of the notice to
the thing in a prominent position.
(6) A person who knows that an embargo notice
15 relates to a thing must not--
(a) do anything that is forbidden by the
notice under this section; or
(b) instruct any other person to do anything
that is forbidden by the notice under
20 this section or to do anything that the
person is forbidden to do by the notice.
Penalty: 60 penalty units.
(7) It is a defence to a prosecution for an offence
against sub-section (6) to prove that the
25 person charged--
(a) moved the thing, or part of the thing,
for the purpose of protecting or
preserving it; and
(b) notified the inspector who issued the
30 notice of the move, and of the new
location of the thing or part, within 48
hours after the move.
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(8) A person on whom an embargo notice is
served must take reasonable steps to prevent
any other person from doing anything
prohibited by the notice.
5 Penalty: 20 penalty units.
(9) Despite anything in any other Act, a sale,
lease, transfer or other dealing with a thing in
contravention of this section is void.
(10) Sections 143 and 144 apply to an embargo
10 notice as if--
(a) a reference to the seizing of a thing was
a reference to the issuing of the notice;
and
(b) a reference to taking reasonable steps to
15 return a thing in that section was a
reference to the withdrawing of the
notice; and
(c) a reference to the retaining of the thing
was a reference to the continuation of
20 the notice.
143. Retention and return of seized documents
or things
(1) If an inspector seizes a document or other
thing under this Part, the inspector must take
25 reasonable steps to return the document or
thing to the person from whom it was seized
if the reason for its seizure no longer exists.
(2) If the document or thing seized has not been
returned within 3 months after it was seized,
30 the inspector must take reasonable steps to
return it unless--
(a) proceedings for the purpose for which
the document or thing was seized or
retained have commenced within that
35 3 month period and those proceedings
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(including any appeal) have not been
completed; or
(b) the Magistrates' Court makes an order
under section 144 extending the period
5 during which the document or thing
may be retained.
144. Magistrates' Court may extend 3 month
period
(1) An inspector may apply to the Magistrates'
10 Court within 3 months after seizing a
document or other thing under this Part for
an extension of the period for which the
inspector may retain the document or thing.
(2) The Magistrates' Court may order such an
15 extension if it is satisfied that retention of the
document or other thing is necessary--
(a) for the purposes of an investigation into
whether a contravention of a relevant
law or scheme has occurred; or
20 (b) to enable evidence of a contravention of
a relevant law or scheme to be obtained
for the purposes of a proceeding under
this Act.
(3) The Magistrates' Court may adjourn an
25 application to enable notice of the
application to be given to any person.
Division 7--Other Matters Concerning
Inspections and Searches
145. Use of assistants and equipment
30 (1) An inspector may exercise a power under
this Part with the aid of any assistants and
equipment that the inspector considers
necessary.
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(2) A power that may be exercised by an
inspector under this Part may be exercised by
an assistant authorised by the inspector.
(3) This section does not apply to a search under
5 a search warrant.
146. Use of equipment to examine or process
things
(1) Without limiting section 145, an inspector
exercising a power under this Part may bring
10 to, or on to, 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
15 be seized.
(2) If--
(a) it is not practicable to examine or
process the things at the vehicle or
premises; or
20 (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
25 they are things that may be seized.
(3) The inspector, or a person assisting the
inspector, may operate equipment already in,
on or at the vehicle or premises to carry out
the examination or processing of a thing
30 found in, on or at the vehicle or premises in
order to determine whether it is a thing that
may be seized, if the inspector or person
assisting believes on reasonable grounds
that--
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(a) the equipment is suitable for the
examination or processing; and
(b) the examination or processing can be
carried out without damage to the
5 equipment or the thing.
147. Use or seizure of electronic equipment
(1) If--
(a) a thing found in, on or at a vehicle or
premises is, or includes, a disk, tape or
10 other device for the storage of
information; and
(b) equipment in, on or at the vehicle or
premises may be used with the disk,
tape or other storage device; and
15 (c) the inspector believes on reasonable
grounds that the information stored on
the disk, tape or other storage device is
relevant to determine whether a
relevant law or scheme has been
20 contravened--
the inspector or a person assisting the
inspector may operate the equipment to
access the information.
(2) If the inspector or a person assisting the
25 inspector finds that a disk, tape or other
storage device in, on or at a vehicle or
premises contains information of the kind
referred to in sub-section (1)(c), he or she
may--
30 (a) put the information in documentary
form and seize the documents so
produced; or
(b) copy the information to another disk,
tape or other storage device and remove
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that storage device from the vehicle or
premises; or
(c) if it is not practicable to put the
information in documentary form nor to
5 copy the information, seize the disk,
tape or other storage device and the
equipment that enables the information
to be accessed.
(3) An inspector or a person assisting an
10 inspector must not operate or seize
equipment for the purpose mentioned in this
section unless the inspector or person
assisting believes on reasonable grounds that
the operation or seizure of the equipment can
15 be carried out without damage to the
equipment.
148. Obstructing or hindering inspectors
A person must not obstruct or hinder an
inspector who is exercising a power or
20 function under this Part.
Penalty: 60 penalty units.
149. Impersonating authorised officers
A person must not impersonate an authorised
officer.
25 Penalty: 60 penalty units.'.
4. Changes to definitions
In section 3(1) of the Road Safety Act 1986--
(a) for the definition of "garage address"
substitute--
30 ' "garage address" of a vehicle means
(except in Part 9)--
(a) in the case of a heavy vehicle that
is normally kept at a depot or base
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of operations when not in use, the
principal depot or base of
operations of the vehicle; or
(b) in the case of a heavy vehicle that
5 is normally kept on a highway
when not in use, the home address
of the registered operator; or
(c) in any other case, the place
nominated by the applicant for
10 registration as the place where the
vehicle is normally kept;';
(b) insert the following definitions--
' "home address" of a person means--
(a) in the case of an individual--the
15 person's residential address or
place of abode in Australia; or
(b) in the case of a body corporate
that has a registered office in
Australia--the address of the
20 registered office; or
(c) in any other case--the address of
the person's principal or only
place of business in Australia;
"Secretary" means the Secretary to the
25 Department of Infrastructure;'.
5. General evidentiary provisions consequential
amendment
After section 84(2)(e) of the Road Safety
Act 1986 insert--
30 "(ea) the fact that a person is, or is not, or was, or
was not, a member of, or a participant in, an
approved road transport compliance scheme
(as defined in section 106); or".
__________________
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Act No.
Part 3--Amendments to Other Acts
s. 6
PART 3--AMENDMENTS TO OTHER ACTS
6. Repeal of superseded provision
Section 16 of the Road Safety (Further
Amendment) Act 1991 is repealed.
5 7. Inspection of motor vehicles
(1) In sections 216(1) and 217(1) of the Transport
Act 1983, for "provisions of" substitute
"requirements imposed by or under".
(2) After section 216(5) of the Transport Act 1983
10 insert--
'(6) In conducting an inspection under this
section, an authorised officer or member of
the police force may--
(a) carry out any tests that he or she
15 considers to be appropriate; and
(b) copy all or any part of a document, or
the contents of a document, that he or
she is authorised to inspect; and
(c) extract or copy any data held in any
20 equipment or device required to be
fitted to, or carried on, any vehicle
being inspected.
(7) A reference to a "driver" in this section
includes a reference to a person--
25 (a) who is in charge of a motor vehicle
within the meaning of section 3AA of
the Road Safety Act 1986;
(b) who is a driver within the meaning of
section 3AB of the Road Safety Act
30 1986.'.
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Part 3--Amendments to Other Acts
s. 8
8. Insertion of section 217A
After section 217 of the Transport Act 1983
insert--
'217A. Additional inspection power concerning
5 heavy vehicles
(1) In this section, "heavy vehicle" has the
same meaning as it has in section 3(1) of the
Road Safety Act 1986, but also includes--
(a) any other vehicle that is physically
10 connected to the heavy vehicle (even if
that other vehicle is not a heavy
vehicle); and
(b) a bus that is used, or that is intended to
be used, to carry passengers for reward
15 or in the course of a business.
(2) A person who is authorised to exercise a
power under section 216 or 217 may also
exercise that power in relation to a heavy
vehicle for the purpose of ascertaining
20 whether the requirements imposed by or
under the Road Safety Act 1986 are being
complied with.
(3) If a person acting under sub-section (2)
discovers that a heavy vehicle does not
25 comply with the Road Safety Act 1986 or
the regulations made under that Act,
section 14 of that Act applies as if a
reference in that section to "a member of the
police force or a person referred to in
30 section 13(6)" were a reference to him or
her.'.
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Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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