Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p3
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 3/43)
Character Range: 27853–30418

rolling stock to which this Division applies.".

15.  Power to take samples during inspections and searches
 (1) After section 26(2)(b) insert –
 "(ba) to take, in accordance with section 52A, a sample of any part of the vehicle's load; and".
 (2) In section 27(5) –
 (a) in paragraph (c)(iii), for "offence." substitute "offence;";
 (b) after paragraph (c) insert –
 "(d) the power to take, in accordance with section 52A, a sample of any part of the vehicle's load.".
 (3) After section 37(2)(b) insert –
 "(ba) to take, in accordance with section 52A, a sample of any part of the unit or train's load; and".
 (4) In section 38(5) –
 (a) in paragraph (c)(iii), for "offence." substitute "offence;";
 (b) after paragraph (c) insert –
 "(d) the power to take, in accordance with section 52A, a sample of any part of the load of the unit of rolling stock or train.".
 (5) In section 43(6) –
 (a) in paragraph (c), for "material." substitute "material;";
 (b) after paragraph (c) insert –
 "(d) the power to take, in accordance with section 52A, a sample of any substance or packaging on the premises.".
 (6) In section 44(8) –
 (a) in paragraph (d), for "material." substitute "material;";
 (b) after paragraph (d) insert –
 "(e) the power to take, in accordance with section 52A, a sample of any substance or packaging on the premises.".
 (7) In section 48(2) –
 (a) in paragraph (e), for "material." substitute "material;";
 (b) after paragraph (e) insert –
 "(f) to take a sample of any substance or packaging.".
 (8) In section 53, after "other thing" insert "(other than a sample)".

16.  Insertion of section 52A
  After section 52 insert –
"52A  Sample‑taking procedure
 (1) In this section person from whom the sample was taken means:
 (a) in the case of an inspection or search under section 26, 27, 37 or 38, the driver of the vehicle, or the person apparently in charge of the vehicle;
 (b) in the case of an inspection or search under section 43 or 44, the occupier, or apparent occupier for the time being, of the premises.
 (2) Despite anything in this Part to the contrary, an authorised officer may only take a sample if it is safe to do so, and if the taking of the sample will not result in a dangerous situation arising.
 (3) Unless it is not safe to do so, the officer must, immediately after taking any sample of a substance, divide the sample into the following parts:
 (a) one part that is to be retained for future comparison;
 (b) one part that is to be given to the person from whom the sample was taken;
 (c) if the officer intends to have