Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the purpose of
ascertaining whether the provisions of this Act or of any regulation made
under this Act are being or have been contravened, a member of the Police
Force or any person authorised in that behalf in writing by the Director
General (whether generally or in any particular case) may —
(a)
require the owner and the driver of a vehicle, and any other person whom he
has reasonable grounds to believe may have information as to the operation of
any vehicle, —
(i)
to produce for inspection any licence, permit, or other
document that, by this Act or the regulations, is required to be obtained in
respect of a vehicle or its operation or carried on a vehicle;
(ii)
to state his name and place of abode;
(iii)
to permit an inspection to be made of any vehicle, any
passenger or of any load;
(iv)
to give information in respect of any load, its despatch
and receipt, including the identity of the person who hired the vehicle for
the carriage of that load and the identity of the consignor and consignee of
any of the goods which that load contains; or
(v)
to give information in respect of any passengers, the
carriage of those passengers and the identity of the person who hired the
vehicle for the carriage of those passengers;
(b) at
any time stop and detain any vehicle and inspect any goods which the load of
that vehicle contains or any documents pertaining thereto;
(ba) at
any time stop and detain any vehicle and, for the purposes of determining the
number or class of passengers being carried by the vehicle, inspect any
passengers being so carried or any documents pertaining thereto;
(c)
having lawfully entered upon any premises where he has reasonable cause to
suspect that any vehicle, goods or documents concerned in any offence or
suspected offence or attempt to commit an offence may be found, thereon search
for and inspect any such vehicle, goods or documents;
(d) take
copies of or extracts or notes from any accounts, records, books or other
documents, so inspected; and
(e) be
accompanied and assisted by an interpreter,
and a person
disclosing information pursuant to a requirement under this subsection or
permitting inspection of, or the taking of copies, extracts, or notes of, any
document under this subsection does not thereby commit a breach of any duty of
secrecy however imposed.
(1a) If a justice is
satisfied on oath by a person who is a member of the Police Force or is
authorised in writing by the Director General to exercise the power conferred
by subsection (1)(c) that —
(a)
there is reasonable cause to suspect that any vehicle, goods or documents
concerned in any offence or suspected offence or attempt to commit an offence
may be found on any premises; and
(b) the
issue of the warrant is reasonably required for the purpose referred to in
subsection (1),
the justice may by
warrant under his hand in the prescribed form authorise that person, together
with any other person named in the warrant or any member, or as the case may
be, other member, of the Police Force, to enter the premises, if necessary by
force.
(2) A person who fails
to produce any licence, permit or other document required to be produced
pursuant to subsection (1), within 24 hours after being so required,
or fails to stop a vehicle when required to do so pursuant to this section, or
refuses to state his name and place of abode, or states a false name or place
of abode, or refuses to permit an inspection to be made of the vehicle, its
passengers, or of its load, or refuses to give information as specified in
paragraph (a)(iv) or (v) of that subsection, or gives false information,
is, without affecting the consequence of any other offence that he may have
committed, guilty of an offence.
Penalty: For a first offence, not more than $200,
for a second offence, not more than $300, and for a third or subsequent
offence, not more than $500, but, in the case of a fourth or subsequent
offence committed within a period of 3 years since the date of the last
conviction under this subsection where it is shown that the accused has
engaged in a course of conduct in contravention of this Act, not less than
$200.
(3) A person shall
not —
(a)
hinder or obstruct any person in the execution of any power or duty conferred
on him by this Act, or lawfully performing such power or duty;
(b)
assault, threaten or intimidate or use improper or abusive language to any
person so acting.
Penalty: $400.
[Section 49 amended by No. 64 of 1970
s. 12; No. 51 of 1975 s. 6; No. 79 of 1976 s. 4;
No. 47 of 1980 s. 13; No. 30 of 1985 s. 12; No. 54 of
1985 s. 52; No. 115 of 1987 s. 8; No. 50 of 2003
s. 99(2).]