Document ID: chunk:federal_register_of_legislation:F2024C00392:clause:1_38:p1
Version: federal_register_of_legislation:F2024C00392
Segment Type: clause
Provision Reference: sch 1 cl 38 (pt 1/2)
Character Range: 54191–56677

38  Powers of authorised officers—search
 (1) An authorised officer may, for compliance purposes, search a unit of rolling stock to which this Division applies or a train that includes or that the authorised officer believes on reasonable grounds includes a unit of rolling stock to which this section applies, if the officer believes on reasonable grounds that:
 (a) the unit of rolling stock or train has been used, is being used, or is likely to be used, in the commission of an offence; or
 (b) the unit of rolling stock or train has been or may have been involved in a dangerous situation.
 (2) The officer may form the necessary belief during or after an inspection or independently of an inspection.
 (3) The officer may enter the unit of rolling stock or train for the purpose of or in connection with conducting the search.
 (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 unit of rolling stock or train or any other person.
 (5) Without limiting the above, the power to search a unit of rolling stock or train under this section includes any or all of the following:
 (a) the power to search for evidence of an offence;
 (b) the power to search for and inspect any records, devices or other things that relate to the unit of rolling stock or train or any part of its equipment or load and that are located in or on the unit of rolling stock or train;
 (c) the power to take copies of or extracts from any or all of the following:
 (i) any records that are located in or on the unit of rolling stock or train and that are required to be carried in or on the unit of rolling stock or train by the {subordinate law};
 (ii) any transport documentation located in or on the unit of rolling stock or train;
 (iii) any other records, or any readout or other data obtained from any device or thing, located in or on the unit of rolling stock or train that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an offence.
 (6) The power to search a unit of rolling stock or train under this section does not include a power to search a person.
 (7) The officer may seize and remove a record, device or other thing from the unit of rolling stock or train that the officer believes on reasonable grounds provides, or may on further inspection provide, evidence of an offence.
 (8) The officer may use reasonable force in the exercise of