Australian Capital Territory Current Acts

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 81A

    (1)     This section applies if a police officer or authorised person suspects on reasonable grounds that—

        (a)     a person is driving a motor vehicle on a road or road related area; and

        (b)     the person is an interlock driver.

    (2)     The police officer or authorised person may––

        (a)     stop and detain the motor vehicle; and

        (b)     enter the vehicle to inspect and test any interlock that is installed in the vehicle to find out whether the interlock––

              (i)     is a fitted interlock; and

              (ii)     is operating correctly or has been tampered with.

Example––tampering

removing or interfering with a tamper-evident seal on the fitted interlock

    (3)     In exercising a power under subsection (2) in relation to a vehicle, a police officer or authorised person—

        (a)     may use the assistance that is necessary; and

        (b)     must search the vehicle in a public place or somewhere else to which members of the public have ready access; and

        (c)     must not detain the vehicle for longer than is necessary and reasonable to search it; and

        (d)     may use the force that is necessary and reasonable in the circumstances, but must not damage the vehicle by forcing open a part of the vehicle unless—

              (i)     someone apparently in charge of the vehicle has been given a reasonable opportunity to open that part; or

              (ii)     it is not possible to give anyone apparently in charge of the vehicle a reasonable opportunity to open that part.

    (4)     In this section:

fitted interlock–– see the Road Transport (Driver Licensing) Regulation 2000

, section 73S.

interlock–– see the Road Transport (Driver Licensing) Regulation 2000

, section 73S.

interlock driver–– see the Road Transport (Driver Licensing) Regulation 2000

, section 73S.