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ROAD SAFETY ACT 1986 - SECT 126 Production of identification by inspectors before inspections or searches of premises

ROAD SAFETY ACT 1986 - SECT 126

Production of identification by inspectors 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

        (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 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, of or over the age of 16 years and who is, or who appears to be, in charge of the premises.

S. 126(3) amended by No. 37/2014 s. 10(Sch. item 147.52).

    (3)     Before starting to inspect or search the premises, an inspector who is not a police officer must, if it is practicable to do so—

        (a)     identify himself or herself to an occupier of the premises by producing his or her identity card for inspection by the occupier; and

        (b)     if the inspector is acting under an authorisation issued under section 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.

S. 126(4) amended by No. 37/2014 s. 10(Sch. item 147.52).

    (4)     In the case of an inspector who is a police officer, 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 her identification as a police officer.

S. 126(5) substituted by No. 94/2003 s. 23(4), amended by No. 37/2014 s. 10(Sch. item 147.52).

    (5)     In the case of an inspector who is a police officer and who is in uniform, before starting to inspect or search the premises he or she must, if requested to do so by an occupier, state orally his or her name, rank and place of duty.

S. 126(6) amended by No. 94/2003 s. 23(5).

    (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 subsection (3), (4) or (5) again if the inspector starts the search during, or immediately after, the inspection.

S. 127 inserted by No. 44/2003 s. 3.