Passenger Transport Act 2014

General powers A transport safety investigator who enters premises under this Part (including under a search warrant) may do any of the following—

search and inspect the premises and anything on the premises for anything relevant to a transport safety investigation,

take measurements, make surveys and take levels, dig trenches, break up the soil and set up any posts, stakes or markers,

take photos and make video recordings, sound recordings or other records of the premises or anything on the premises,

make copies of anything relevant to a transport safety investigation found on the premises,

examine, take measurements of, conduct tests on, or take samples of, anything relevant to a transport safety investigation found on the premises,

operate equipment on the premises in order to access anything relevant to a transport safety investigation found on the premises,

remove a thing that is relevant to a transport safety investigation from the premises with the consent of—

the owner of the thing, if it is practicable to obtain the consent of the owner, or

the occupier of the premises, if it is not practicable to obtain the owner’s consent.

Obtaining consent Before obtaining the consent of a person to remove a thing from premises under subclause (1), the transport safety investigator must inform the person of the purpose for which the thing is required and that the person may refuse consent. A consent of a person is not effective for the purposes of subclause (1) (g) unless the consent is voluntary.

Special premises A transport safety investigator who enters special premises (other than under a search warrant) may also—

require a person on the premises to answer questions or produce anything relevant to a transport safety investigation, and

seize that thing, or any other thing found on the premises, if the thing is directly relevant to the investigation concerned and the investigator believes on reasonable grounds that it is necessary to seize the thing in order to prevent it being interfered with or to prevent its concealment, loss, deterioration or destruction.

Entry under a search warrant A transport safety investigator who enters premises under a search warrant may also—

require a person on the premises to answer questions or produce anything to which the warrant relates, and

seize that thing, or any other thing found on the premises relevant to the investigation concerned.

Offence A person must not, without reasonable excuse, fail to comply with a requirement made of the person under this clause.