Victorian Current Acts Victorian Current ActsS. 112(1) amended by Nos 50/2012 s. 29(13), 70/2013 s. 4(Sch. 2 item 44.13), 70/2016 s. 41(14), 3/2017 s. 50(Sch. 1 item 9.11), 49/2019 ss 116(Sch. 1 items 217(a), 218), 193, 41/2020 s. 31(1).
(1) The Secretary may authorise, in writing, an employee in the Department or a staff member of the Regulator, or the Regulator may authorise, in writing, a staff member of the Regulator, to carry out—
(a) any inspections and searches of heavy vehicles and premises that are permitted by this Part; or
(b) any inspections and searches of heavy vehicles that are permitted by this Part; or
(c) the inspection of a particular heavy vehicle or premises, or class of heavy vehicle or premises, that is permitted by this Part; or
(d) the inspection and search of a particular heavy vehicle or premises, or class of heavy vehicle or premises, that is permitted by this Part.
S. 112(2) amended by Nos 3/2017 s. 50(Sch. 1 item 9.11), 49/2019 s. 116(Sch. 1 item 217(b)), 41/2020 s. 31(2).
(2) In authorising a person under this section, the Secretary or Regulator, as the case requires, must give the person an identity card—
(a) that identifies the person by name as an inspector under this Part; and
(b) that specifies, in the case of a person who is authorised to carry out inspections under subsections (1)(a) and (1)(b), what inspections and searches the person has been authorised to conduct; and
(c) that contains a photograph of the person.
S. 112(3) amended by Nos 94/2003 s. 27(8), 3/2017 s. 50(Sch. 1 item 9.11), 49/2019 s. 116(Sch. 1 item 217(b)), 41/2020 s. 31(3).
(3) In the case of a person who is authorised to carry out inspections under subsection (1)(c) or inspections and searches under subsection (1)(d), the Secretary or Regulator, as the case requires, must also give the person a paper document that specifies the inspections or searches that the person has been authorised to conduct.
S. 112(4) amended by Nos 3/2017 s. 50(Sch. 1 item 9.11), 49/2019 s. 116(Sch. 1 item 217(b)), 41/2020 s. 31(4).
(4) If an authorisation given to a person by the Secretary under this section is revoked, expires or otherwise ceases to have effect, he or she must return his or her identity card and any document he or she was given under subsection (3) to the Secretary as soon as is practicable.
Penalty: 60 penalty units.
S. 112(5) inserted by No. 41/2020 s. 31(5).
(5) If an authorisation given to a person by the Regulator under this section is revoked, expires or otherwise ceases to have effect, the person must return their identity card and any document they were given under subsection (3) to the Regulator as soon as is practicable.
Penalty: 60 penalty units.
Division 2—Inspections and searches of vehicles on highways or public places
S. 113 inserted by No. 44/2003 s. 3.