Victorian Current Acts

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COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017 - SECT 133

Circumstances in which authorised officer may enter without consent or search warrant

    (1)     The circumstances in which an authorised officer may, under section 131, enter industry premises, or a commercial passenger vehicle at industry premises, are that the entry is at a time when the premises are being used, or are usually being used, in connection with the provision of—

        (a)     a commercial passenger vehicle service; or

        (b)     a booking service; or

        (c)     a non-cash payment processing service.

    (2)     The circumstances in which an authorised officer may, under section 131, enter a commercial passenger vehicle at a place that is not industry premises are that—

        (a)     the vehicle is not being used for private purposes; and

        (b)     the vehicle is not located on residential premises; and

        (c)     either of the following persons is present—

              (i)     the driver of the vehicle;

              (ii)     the person in whose name the vehicle is registered under Part 3.

    (3)     For the purposes of subsection (2)(a), a commercial passenger vehicle that is being driven for the purposes of providing a commercial passenger vehicle service is not being used for private purposes.

S. 134 inserted by No. 63/2017 s. 18.



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