40R—Power to search 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 search a vehicle for compliance purposes, if the
officer believes on reasonable grounds that—
(a) the
vehicle has been used, is being used, or is likely to be used, in the
commission of an Australian road law offence; or
(b) the
vehicle has been or may have been involved in an accident.
(3) The officer may
form the necessary belief during or after an inspection or independently of an
inspection.
(4) The officer may
enter the vehicle for the purpose of or in connection with conducting the
search.
(5) 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.
(6) Without limiting
the above, the power to search a vehicle under this section includes any or
all of the following:
(a) the
power to search for evidence of an Australian road law offence;
(b) the
power to search for and inspect any records, devices or other things that
relate to the vehicle or any part of its equipment or load and that are
located in or on the vehicle;
(c) the
power to take copies of or extracts from any or all of the following:
(i)
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;
(ii)
any transport documentation or journey documentation
located in or on the vehicle;
(iii)
any other records, or any readout or other data obtained
from any device or thing, located in or on the vehicle that the officer
believes on reasonable grounds provide, or may on further inspection provide,
evidence of an Australian road law offence;
(d) any
powers that may be exercised during an inspection of a vehicle under
section 40Q(5).
(7) The power to
search a vehicle under this section does not include a power to search a
person.
(8) The officer may
seize and remove any records, devices or other things from the vehicle that
the officer believes on reasonable grounds provide, or may on further
inspection provide, evidence of an Australian road law offence.
(9) The officer may
use reasonable force in the exercise of powers under this section.