Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_39:p2
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 39 (pt 2/3)
Character Range: 92418–95096

with the consent of the occupier or other person apparently in charge of the premises; or
 (c) if a business is carried on at the premises—at any time during the ordinary business hours applicable at the premises (whether or not the premises are actually being used for that purpose), and without a warrant and without the consent of the occupier or other person apparently in charge of the premises or any other person; or
 (d) if the officer believes on reasonable grounds that subsection (2)(b) applies—at any time, and without a warrant and without the consent of the occupier or other person apparently in charge of the premises or any other person.

Unattended premises and residential premises
 (8) This section does not authorise, without a warrant or consent, the entry or searching of:
 (a) premises that are unattended, unless the officer believes on reasonable grounds that the premises are not unattended; or
 (b) premises that are, or any part of premises that is, used predominantly for residential purposes.

What power includes
 (9) Without limiting the above, the power to search premises under this section includes any or all of the following:
 (a) the power to search for evidence of an Australian road law offence or a breach of an approved road transport compliance scheme;
 (b) the power to search for and inspect any records, devices or other things that relate to a vehicle or combination or any part of its equipment or load and that are located at the premises;
 (c) the power to take copies of or extracts from any or all of the following:
 (i) any records that are located at the premises and are required to be kept by or under an Australian road law or by or under an approved road transport compliance scheme;
 (ii) any transport documentation or journey documentation located at the premises;
 (iii) any other records, or any readout or other data obtained from any device or thing, located at the premises that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an Australian road law offence or a breach of an approved road transport compliance scheme;
 (d) the power to use photocopying equipment on the premises free of charge for the purpose of copying any records or other material;
 (e) the power to exercise with respect to a vehicle or combination located at the premises any powers that may be exercised during a search of a vehicle or combination under section 37(6) (Power to search vehicle or combination on a road, public place or certain official premises—what power includes);
 (f) any powers that may be exercised during an inspection of premises under section 38(7) (Power to