Victorian Current Acts

COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017 - SECT 149

    (1)     This section applies if the location being investigated is a motor vehicle.

    (2)     The authorised officer may search and inspect the motor vehicle and do any of the following things for the purpose of the investigation—

        (a)     inspect a non-cash payment processing device in or on the vehicle;

        (b)     make a sketch of the vehicle or anything in or on it;

        (c)     perform tests;

        (d)     record images or sound;

Note

See section 153 in relation to the admissibility of these recordings.

        (e)     search for, inspect or copy relevant documents that are in or on the vehicle;

        (f)     extract or copy any information that is held in any engine management system or related system of the vehicle;

        (g)     direct any of the following persons to give the officer reasonable help to search or inspect the vehicle or exercise the officer's powers under this subsection—

              (i)     the driver of the vehicle;

              (ii)     if the vehicle is a commercial passenger vehicle, the person in whose name the vehicle is registered under Part 3;

              (iii)     if the vehicle is at industry premises, a person at those premises;

        (h)     exercise any other power conferred on the officer by or under this Act.

    (3)     In doing anything referred to in subsection (2), the authorised officer may be assisted by any person.

    (4)     In this section—

"reasonable help" includes—

        (a)     helping the authorised officer to find and gain access to a thing in or on the motor vehicle (including electronically stored material and information); and

        (b)     running the engine of a motor vehicle; and

        (c)     operating equipment in or on a motor vehicle; and

        (d)     operating a non-cash payment processing device.

S. 150 inserted by No. 63/2017 s. 18.