Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_36:p1
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 36 (pt 1/2)
Character Range: 80487–83093

36  Power to inspect vehicle or combination on a road, public place or certain official premises

Application of section
 (1) This section applies to a vehicle or combination located at a place:
 (a) on any road; or
 (b) in or on any public place; or
 (c) in or on any premises occupied or owned by the Authority or by any other public authority;
whether or not the vehicle or combination is unattended.

Power to inspect
 (2) An authorised officer or police officer may inspect a vehicle or combination for compliance purposes.
 (3) The officer may enter the vehicle or combination for the purpose of or in connection with conducting the inspection.

Consent not required
 (4) The officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the vehicle or combination or any other person.

What power includes
 (5) Without limiting the above, the power to inspect a vehicle or combination under this section includes any or all of the following:
 (a) the power to weigh, test, measure or take photographs of the vehicle or combination or any part of it or its equipment or load;
 (b) the power to check the existence or details of, or take photographs of, placards or other information required by or under an Australian road law or by or under an approved road transport compliance scheme to be displayed in or on the vehicle or combination, including placards or other information relating to its specifications, capabilities or legal entitlements;
 (c) the power to inspect and take copies of or extracts from any records that are located in or on the vehicle or combination and that are required to be carried in or on the vehicle or combination by or under an Australian road law or by or under an approved road transport compliance scheme;
 (d) the power to access or download information that is required to be kept by or under an Australian road law or by or under an approved road transport compliance scheme and that is:
 (i) stored electronically in equipment located in or on the vehicle; or
 (ii) accessible electronically from equipment located in or on the vehicle.

Use of force not permitted
 (6) This section does not authorise the use of force, but the officer may under this section do any or all of the following:
 (a) open unlocked doors and other unlocked panels and objects;
 (b) inspect anything that has been opened or otherwise accessed under the power to use reasonable force in the exercise of a power to enter or move a vehicle or combination under Division 3;
 (c) move but not take away anything