Road Safety Act 1986

This section applies if—

an inspector wishes to inspect or search a vehicle under this Division; and

the driver, or another person apparently in charge of the vehicle, is present in, on or near the vehicle.

Before starting to inspect or search the vehicle, an inspector who is not a police officer—

must identify himself or herself to the driver or person by producing his or her identity card for inspection by the driver or person; and

if the inspector is acting under an authorisation issued under section 112(1)(c) or 112(1)(d), must also produce the document given to him or her under section 112(3) for inspection by the driver or person.

In the case of an inspector who is a police officer, but who is not in uniform, before starting to inspect or search the vehicle he or she must identify himself or herself to the driver or person by producing his or her identification as a police officer.

In the case of an inspector who is a police officer and who is in uniform, before starting to inspect or search the vehicle he or she must, if requested to do so by the driver or person, state orally his or her name, rank and place of duty.

Despite subsection (2), it is not necessary for an inspector who is an authorised officer to identify himself or herself before starting to inspect or search the vehicle if—

he or she is in uniform; and

the inspection or search is to be conducted at a weighbridge or other place on or next to a highway as part of a program of inspections or searches of heavy vehicles.

If an inspector decides to start a search while in the process of conducting an inspection, it is not necessary for the inspector to comply with subsection (2), (3) or (4) again if the inspector starts the search during, or immediately after, the inspection.