Victorian Current Acts

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ROAD SAFETY ACT 1986 - SECT 122

Power to search premises

    (1)     This section applies to the following premises

        (a)     any premises to which this Division applies;

        (b)     any premises where an authorised inspector believes on reasonable grounds that a heavy vehicle is located.

    (2)     An authorised inspector may search a premises to which this section applies if the inspector believes on reasonable grounds that—

        (a)     there may be, at the premises, evidence of a contravention of a relevant law or scheme; or

        (b)     a heavy vehicle has been, or may have been, involved in an accident and—

              (i)     the premises are the garage address of the vehicle; or

              (ii)     the premises are or may be otherwise connected (directly or indirectly) with the vehicle or any part of its equipment or load, and the vehicle is, or has been, at the premises.

    (3)     The authorised inspector may form the necessary belief during or after an inspection, or independently of an inspection.

    (4)     Without limiting subsection (2), in searching a premises, the authorised inspector may—

        (a)     do anything that he or she may do in inspecting a premises under section 121;

        (b)     search for evidence of a contravention of a relevant law or scheme;

        (c)     search for and inspect any documents, devices or other things that relate to a heavy vehicle or any part of its equipment or load and that are located at the premises;

        (d)     copy any or all of the following—

              (i)     any transport documentation or journey documentation located at the premises;

              (ii)     any documents that are required to be kept by a relevant law or scheme that are located at the premises;

              (iii)     any other documents located at the premises that the inspector believes on reasonable grounds provide, or may on further inspection provide, evidence of a contravention of a relevant law or scheme;

        (e)     exercise with respect to a heavy vehicle located at the premises any powers that may be exercised during a search of a heavy vehicle under section 115(3).

    (5)     The authorised inspector may seize and remove any documents, devices or other things from the premises that the inspector believes on reasonable grounds provide, or may on further inspection provide, evidence of a contravention of a relevant law or scheme.

S. 122(6) amended by No. 37/2014 s. 10(Sch. item 147.52).

    (6)     A police officer may use reasonable force in the exercise of a power under this section.

S. 123 inserted by No. 44/2003 s. 3.



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