Passenger Transport Services Act 2011

A police officer or an authorised officer may require a driver of a vehicle, which the police officer or authorised officer believes is being used to provide a passenger transport service, to do any one or more of the following:stop the vehicle; park the vehicle; permit the officer to inspect the vehicle; provide proof that the person holds a driver licence, or any other document, authorising the person to perform the service of the kind that the person is performing; operate in accordance with the instructions of the officer, or permit the officer to operate, any mobile phone, or electronic equipment, that is in the vehicle or in the possession of the person; answer questions related to compliance with this Act.

A person to whom a requirement is given under subsection (1) must not fail to comply with the requirement. Fine not exceeding 25 penalty units.

A police officer, an authorised officer, the Commission or a person authorised under subsection (7) may enter and remain on premises – to inspect any vehicles at the premises; and to inspect any documents issued by the Commission under this Act or any documents or records required to be kept at the premises for the purposes of this Act or that may be relevant to the enforcement of this Act; and to inspect any mobile phone or electronic device kept at the premises that the police officer, authorised officer, the Commission or the person authorised under subsection (7) believes to contain information, documents or records relevant to the enforcement of this Act; and to inspect a business, related to the provision of passenger transport services, conducted at the premises.

In the course of carrying out an inspection under subsection (3), the police officer, authorised officer, Commission or person authorised under subsection (7) may – direct a person to answer reasonable questions relating to the inspection; and make copies of, or take extracts from, documents or records referred to in subsection (3)(b) or any information, documents or records contained on a mobile phone or electronic device referred to in subsection (3)(c).

A person must not, without reasonable excuse, fail to comply with a direction under subsection (4) of a police officer, an authorised officer, the Commission or a person authorised under subsection (7). In the case of – a first offence – a fine not exceeding 25 penalty units; and a second or subsequent offence – a fine not exceeding 50 penalty units.

A power of entry conferred by this section may only be exercised at a reasonable time and, if the premises are residential premises, if – the occupier consents; or the entry is authorised by a warrant under the Search Warrants Act 1997.

The Commission may, by instrument in writing, authorise a person specified in the instrument, or members of a class of persons specified in the instrument, to enter all premises for the purposes of this section.