Power to inspect maintenance facilities
117 Power to inspect maintenance facilities
For this part, a police officer or authorised person may, at any reasonable time, enter any premises used for or in relation to the maintenance of a public passenger vehicle (other than any part of premises being used solely for residential purposes).
The police officer or authorised person may—
inspect records in the premises relating to the maintenance of public passenger vehicles carried out at the premises; and
inspect the premises; and
inspect or test any equipment in the premises used or proposed to be used for or in relation to the maintenance of a public passenger vehicle.
The dictionary definition of inspect a vehicle includes observe the performance of the vehicle or any of its equipment, with or without the use of instruments.
For subsection (2) (a), the police officer or authorised person may—
require the person apparently in charge of the premises, or anyone else who has the custody or control of the records, to produce them to the police officer or authorised person for inspection; and
make copies of, or take extracts from, a record and, for that purpose, may take possession of the record and, if necessary, keep it for not longer than 7 days.
For subsection (2) (c), the police officer or authorised person may do 1 or more of the following:
operate any equipment in the premises;
require the person apparently in charge of the premises to give the police officer or authorised person any information the police officer or authorised person reasonably needs to inspect or test any equipment in the premises;
require the person apparently in charge of the premises to do anything else the police officer or authorised person reasonably needs to inspect or test any equipment in the premises.
A person commits an offence if the person fails to comply with a requirement made by a police officer or authorised person under this section.
Maximum penalty: 20 penalty units.
An offence against this section is a strict liability offence.
An authorised person who enters premises under this section is not authorised to remain in the premises if, when asked by the person in charge of the premises, the authorised person does not produce his or her identity card for inspection.
This Act’s bill:Explanatory statementSecond reading speech
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