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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 123
Entry or boarding of vehicles
123 Entry or boarding of vehicles
(1) An authorised person may enter or board a vehicle if the authorised person
has reasonable grounds for suspecting— (a) the vehicle is being, or has
been, used in the commission of an offence against this Act; or
(b) the
vehicle, or a thing in or on the vehicle, may provide evidence of the
commission of an offence against this Act.
(1A) Also, an authorised person
may enter on board a vehicle if the authorised person reasonably believes a
dangerous situation exists in or at the vehicle and it is necessary for the
authorised person to enter to take action under section 126O to deal with the
dangerous situation.
(2) If the vehicle is moving or about to move, the
authorised person may signal the person in control of the vehicle to stop the
vehicle or not to move it.
(3) To enable the vehicle to be entered or
boarded, the authorised person may— (a) act with necessary and reasonable
help and force; and
(b) require the person in control of the vehicle to give
reasonable help to the authorised person.
(4) A person must obey a signal
under subsection (2) , unless the person has a reasonable excuse for
disobeying it. Penalty— Maximum penalty—75 penalty units.
(5) A
person must comply with a requirement under subsection (3) (b) , unless the
person has a reasonable excuse for not complying with it. Penalty—
Maximum penalty—75 penalty units.
(6) It is a reasonable excuse for a
person to disobey a signal under subsection (2) if— (a) the person
reasonably believes that to obey the signal immediately would have endangered
the person, someone else or the vehicle; and
(b) the person obeys the signal
as soon as it is practicable to obey it.
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