Search of vehicles and luggage on certain railway premises
93 Search of vehicles and luggage on certain railway premises
An authorised officer may—
stop any vehicle or person on any land that is vested in or under the control of a State rail operator and that is used for the receipt, dispatch or delivery of any luggage or freight, and
search any such vehicle or any luggage or other article on that vehicle or in the possession of any such person, and
require any such person to produce consignment notes, delivery dockets or other documents relating to the receipt, dispatch, delivery or ownership of any such luggage or article, and
seize any such luggage or article that the authorised officer has reasonable grounds for suspecting has been stolen.
The power of an authorised officer to search includes the power to open any part of the vehicle or any luggage or other article on the vehicle or in the possession of the person.
Any person who—
obstructs or hinders an authorised officer when exercising any power under this section, or
does not comply with any reasonable requirement made for the purposes of this section by an authorised officer,
is guilty of an offence.
Maximum penalty—20 penalty units.
An authorised officer must produce his or her authority if requested to do so by any person required to comply with a requirement made by that officer for the purposes of this section.
No personal liability is incurred by an authorised officer for any act done or omitted in good faith under this section.
In this section—
authorised officer means an officer of a State rail operator appointed in writing by the chief executive of the State rail operator or the Transport Secretary to be an authorised officer.
authority means the written instrument by which an authorised officer is appointed.
This Act’s bill:Explanatory memorandum
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