Document ID: chunk:federal_register_of_legislation:C2024C00644:section:42:p5
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 42 (pt 5/6)
Character Range: 113209–115804

search, or to detain, the vehicle.
 (2B) Where an officer (other than a prescribed person who is in uniform) makes a requirement of a person (in this subsection referred to as the relevant person) under subsection (1), the officer shall:
 (a) in the case of a prescribed person—produce, for inspection by the relevant person, written evidence of the fact that the officer is a prescribed person; or
 (b) in any other case—produce, for inspection by the relevant person, the officer's identity card;
and, if the officer fails to do so, the relevant person is not obliged to comply with the requirement.
 (3) Subject to subsection (4), the powers of an officer under paragraph (1)(ba) in respect of any vehicle or aircraft must not be exercised without either:
 (a) the consent of the owner or person in charge of the vehicle or aircraft to the exercise of those powers; or
 (b) the obtaining of a warrant under section 43C or 43P authorising the exercise of those powers.
 (4) If:
 (a) the owner or person in charge of a vehicle or aircraft referred to in subsection (3) refuses to consent to the exercise by an officer of powers under paragraph (1)(ba); and
 (b) an officer seeking to exercise those powers believes, on reasonable grounds:
 (i) that there is in the vehicle or aircraft anything that may afford evidence of an offence against this Act or the regulations; and
 (ii) that the delay that would occur if an application for a warrant were made (either in person or under section 43P) would frustrate the effective execution of the warrant;
those powers may be exercised without a warrant but, if that is done, the officer must:
 (c) if it is practicable to do so, notify the owner or person in charge of a vehicle or aircraft that the officer will be exercising powers under paragraph (1)(ba) without a warrant and that the reasons for the exercise of those powers may be requested; and
 (d) as soon as reasonably practicable, record the reasons for the exercise of those powers without a warrant; and
 (e) upon request by the owner or person in charge of the vehicle or aircraft—provide the record of those reasons to the person affected by the exercise of those powers.
 (6A) A reference in this section to an offence against, or a contravention of, this Act includes a reference to an offence against, or a contravention of:
 (a) section 6 of the Crimes Act 1914; or
 (b) section 11.1, 11.4 or 11.5 of the Criminal Code;
that relates to this Act.
 (7) In this section:
examine includes count, measure, weigh, grade or gauge.
prescribed person means:
 (a) a member or special member