New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 151

151 Powers of entry, inspection etc

(1) An authorised officer may enter and inspect at any reasonable time any premises that the officer believes on reasonable grounds are used for the carrying on of the business or a trade for which a licence is required under this Act, whether or not the business or trade is being carried on by the holder of a licence.

(2) An authorised officer who enters premises under this section or under the authority of a search warrant under this Part may do any one or more of the following--

(a) require any person on those premises to produce any records in the possession or under the control of that person relating to the carrying on of the business of a motor dealer, motor vehicle repairer or motor vehicle recycler and (in the case of records stored electronically) to produce any such record in written form,

(b) require any person on those premises to produce any register required to be kept at those premises under this Act and to produce any such register in written form,

(c) inspect, take copies of or extracts from, or make notes from, any such records (including registers), and for that purpose may take temporary possession of any such records (including registers),

(d) take possession of any such records (including registers) if the authorised officer considers it necessary to do so for the purpose of obtaining evidence or protecting evidence from destruction,

(e) take such photographs, films and audio, video and other recordings as the authorised officer considers necessary,

(f) search for and examine any motor vehicles and parts and accessories of motor vehicles,

(g) require any person on those premises to answer questions or otherwise furnish information in relation to records at the premises or any statement made by the person,

(h) require the owner or occupier of those premises to provide the authorised officer with such assistance and facilities as is or are reasonably necessary to enable the authorised officer to exercise the functions of an authorised officer under this section.

(3) An authorised officer is not entitled to enter a part of premises used for residential purposes, except--

(a) with the consent of the occupier of the part, or

(b) under the authority of a search warrant.

(4) The regulations may make provision with respect to the keeping of a register under this Act during any period in which the register is in the possession of an authorised officer.