40Q—Power to inspect vehicle on road or certain official premises
(1) This section
applies to a vehicle located at a place—
(a) on a
road; or
(b) in
or on premises occupied or owned by a public authority,
whether or not the vehicle is unattended.
(2) An
authorised officer may inspect a vehicle for compliance purposes.
(3) The officer may
enter the vehicle for the purpose of or in connection with conducting the
inspection.
(4) The officer may
exercise powers under this section at any time, and without the consent of the
driver or other person apparently in charge of the vehicle or any other
person.
(5) Without limiting
the above, the power to inspect a vehicle under this section includes any or
all of the following:
(a) the
power to weigh, test, measure or take photographs of the vehicle or any part
of it or its equipment or load;
(b) the
power to check the existence or details of, or take photographs of, placards
or other information required under an Australian road law to be displayed in
or on the vehicle, including placards or other information relating to its
specifications, capabilities or legal entitlements;
(c) the
power to inspect and take copies of or extracts from any records that are
located in or on the vehicle and that are required to be carried in or on the
vehicle under an Australian road law;
(d) the
power to access or download information that is required to be kept under an
Australian road law and that is—
(i)
stored electronically in equipment located in or on the
vehicle; or
(ii)
accessible electronically from equipment located in or on
the vehicle.
(6) This section does
not authorise the use of force, but the officer may under this section do any
or all of the following:
(a) open
unlocked doors and other unlocked panels and objects;
(b)
inspect anything that has been opened or otherwise accessed under the power to
use reasonable force in the exercise of a power to enter or move a vehicle
under Subdivision 3;
(c) move
but not take away anything that is not locked up or sealed.