Australian Capital Territory Numbered Acts

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DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 70

Power of authorised people to enter and inspect pt 3.2 vehicles

    (1)     An authorised person may, for compliance purposes, enter and inspect a part 3.2 vehicle.

Note     For when a function is exercised for compliance purposes , see s 9.

    (2)     Without limiting subsection (1), the authorised person may do 1 or more of the following:

        (a)     weigh, test, measure or take photographs of the vehicle, any part of the vehicle or the vehicle's equipment or load;

        (b)     take, in accordance with section 104 (Sample-taking procedure), a sample of any part of the vehicle's load;

        (c)     check the existence or details of, or take photographs of, placards or other information required under this Act to be displayed in the vehicle or any load in it;

        (d)     inspect and take copies of or extracts from any records that are located in the vehicle and that are required to be carried in the vehicle under this Act;

        (e)     access or download information that is required to be kept under this Act and that is—

              (i)     stored electronically in equipment located in the vehicle; or

              (ii)     accessible electronically from equipment located in the vehicle.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

    (3)     This section does not authorise the use of force, but the authorised person may, under this section, do 1 or more of the following:

        (a)     open unlocked doors and other unlocked panels and objects;

        (b)     inspect anything that has been opened or otherwise accessed;

        (c)     move, but not take away, anything that is locked up or sealed.

    (4)     The authorised person may exercise a function under this section—

        (a)     at any time; and

        (b)     with or without the consent of the driver or other person apparently in charge of the vehicle, or anyone else.



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