New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 496

496 General powers after entering relevant place

(1) If an authorised officer enters a relevant place under this Division, the officer may, for monitoring purposes, do any of the following (each a
"general power" )--

(a) inspect any part of the place or a vehicle at the place;

(b) inspect a relevant document at the place;

(c) copy, or take an extract from, a relevant document at the place;

(d) produce an image or writing at the place from an electronic relevant document at the place or, if it is not practicable to produce the image or writing at the place, take a thing containing the electronic relevant document to another place to produce the image or writing;

(e) look for, and inspect, a relevant device at the place;

(f) take an extract from a relevant device at the place, including, for example--

(i) by taking a copy of, or an extract from, a readout or other data obtained from the device; or

(ii) by accessing and downloading information from the device;

(g) exercise a power in relation to a heavy vehicle at the place that the authorised officer may exercise under section 520;

(h) take to, into or onto the place and use any persons, equipment, materials, vehicles or other things the officer reasonably requires for exercising the officer's powers under this section.

(2) The authorised officer may take a necessary step to allow the exercise of a general power, including, for example--

(a) open an unlocked door or an unlocked panel or thing at the place; and

(b) move but not take away anything that is not locked up or sealed

(3) For exercising a power under subsection (1)(c) or (f), the authorised officer may use photocopying equipment at the place free of charge.

Note--: See also sections 543 and 544 for use of particular equipment at a place, or in a vehicle, entered under this Chapter.

(4) If the authorised officer takes from the place a thing containing an electronic relevant document to produce an image or writing from the document, the image or writing must be produced, and the thing must be returned to the place, as soon as practicable.

(5) However, if the authorised officer entered the place under section 495(1)(a), the officer's powers under this section are subject to the conditions of the consent.

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

(6A) If the authorised officer is not a police officer, the officer may, for advice purposes, provide advice, information and education.

(7) In this section--

"electronic relevant document" means a relevant document that is an electronic document.

"relevant device" means a device relating to a heavy vehicle and required to be installed, used or maintained under this Law or a heavy vehicle accreditation.

Example of a device that may be a relevant device--: a weighing, measuring, recording or monitoring device

"relevant document" means a document relating to a heavy vehicle and required to be kept under this Law or a heavy vehicle accreditation.