Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_38:p1
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 38 (pt 1/2)
Character Range: 86539–89256

38  Power to inspect premises

Application of section
 (1) This section applies to the following premises:
 (a) any premises at or from which a responsible person carries on business, or that are occupied by a responsible person in connection with such a business, or that are a registered office of a responsible person;
 (b) the garage address of a vehicle or combination;
 (c) the base of the driver or drivers of a vehicle or combination;
 (d) any premises where records required to be kept by or under an Australian road law or by or under an approved road transport compliance scheme are located or where any such records are required to be located.

Power to inspect
 (2) An authorised officer or police officer may inspect premises for compliance purposes.
 (3) The officer may enter the premises for the purpose of conducting the inspection.
 (4) Without limiting the above, the officer may inspect, or enter and inspect, any vehicle or combination at the premises.

Consent required, except for business premises during business hours
 (5) The inspection may be made:
 (a) at any time with the consent of the occupier or other person apparently in charge of the premises; or
 (b) if a business is carried on at the premises—at any time during the usual business operating hours applicable at the premises (whether or not the premises are actually being used for that purpose), and without consent.

Unattended premises and residential premises
 (6) This section does not authorise, without consent, the entry or inspection of:
 (a) premises that are apparently 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
 (7) Without limiting the above, the power to inspect premises under this section includes any or all of the following:
 (a) the power to inspect and take copies of or extracts from any records located at the premises and required to be kept by or under an Australian road law or by or under an approved road transport compliance scheme;
 (b) the power to check the existence of and inspect any devices (including weighing, measuring, recording or monitoring devices) required to be installed, used or maintained by or under an Australian road law or by or under an approved road transport compliance scheme, and to inspect and take copies of or extracts from any readout or other data obtained from any such device;
 (c) the power to exercise with respect to a vehicle or combination located at the premises any powers that may be exercised during an inspection of a vehicle or combination under section 36(5) (Power to