Stopping, entering, searching and inspecting vehicles
36 Stopping, entering, searching and inspecting vehicles
If a DGO suspects on reasonable grounds that in respect of a vehicle that is not a mobile home —
there are dangerous goods in or on the vehicle;
the vehicle has been, is being, or is likely to be, used to transport dangerous goods;
the vehicle has been or is involved in a dangerous goods incident or a dangerous situation; or
there is evidence of a contravention of this Act in or on the vehicle,
the DGO may stop, detain and enter it for enforcement purposes.
A DGO may give directions to the person who is, or who apparently is, in charge of a vehicle in order to facilitate exercising the power in subsection (1), including directions that require the vehicle to be searched or inspected at a specified date, time or place.
37. Seizing samples, evidence etc.
If a DGO suspects on reasonable grounds that there has been a contravention of this Act, the DGO may seize —
any dangerous goods involved, or a sample of them, and any container or vehicle in which they are being stored or transported; and
any thing that is or may afford evidence of the contravention.
If a DGO suspects on reasonable grounds —
that any substance or thing may be dangerous goods or an ingredient of dangerous goods; or
that any thing may have been in contact with dangerous goods,
the DGO, for enforcement purposes, may seize the substance, a sample of it, or the thing, or may direct —
a person in possession of the substance or thing; or
the person in charge, or apparently in charge of, a place or vehicle where the substance or thing is situated,
to give the DGO the substance, a sample of it, or the thing, as the case requires.
The direction may specify when and where the substance, a sample of it, or the thing is to be given to a DGO.
A DGO who has seized or been given dangerous goods, a thing, substance or sample under this section —
must give the person who was in possession of it a receipt for it in an approved form; and
may, for forensic purposes, submit it to an examination or to testing.
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