Australian Capital Territory Current Acts

HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 499

    (1)     An authorised officer, without an occupier's consent or a warrant, may enter a place at any time if the officer reasonably believes—

        (a)     an incident involving the death of, or injury to, a person or damage to property involves or may have involved a heavy vehicle; and

        (b)     the incident may have involved an offence against this Law; and

        (c)     there is a connection between the place and the heavy vehicle; and

        (d)     there may be at the place evidence of the offence mentioned in paragraph (b) that may be concealed or destroyed unless the place is immediately entered and searched.

    (2)     For the purposes of subsection (1), there is a connection between a place and a heavy vehicle if—

        (a)     the place is the vehicle's garage address or, if the vehicle is a combination, the garage address of a heavy vehicle in the combination; or

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

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

    (3)     This section does not authorise an authorised officer to enter a place in relation to an incident that involves the death, or injury to, a person unless the authorised officer is a police officer.

    (4)     This section does not authorise an authorised officer, without the occupier's consent or a warrant, to enter—

        (a)     a place that is unattended, unless the officer reasonably believes the place is attended; or

        (b)     a place, or part of a place, used predominantly for residential purposes.

    (5)     If an authorised officer enters a place without the occupier's consent or a warrant, reasonably believing the place is attended, the officer must leave the place immediately after finding the place is or appears to be unattended.

    (6)     An authorised officer may open unlocked doors and other unlocked panels and things at a place for gaining entry to the place under subsection (1).

    (7)     This section does not authorise an authorised officer to use force for exercising a power under this section.