Australian Capital Territory Numbered Acts

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DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 72

Power to enter premises and vehicles

    (1)     For compliance purposes or otherwise for this Act, an authorised person may—

        (a)     at any reasonable time, enter premises or a vehicle that the public is entitled to use or that are open to the public (whether or not on payment); or

        (b)     at any reasonable time, enter premises occupied or controlled by a person involved in the transport of dangerous goods, and enter any vehicle at the premises; or

        (c)     at any time, enter premises or a vehicle with the occupier's consent; or

        (d)     enter premises or a vehicle in accordance with a warrant; or

        (e)     at any time, enter premises or a vehicle if the authorised person suspects on reasonable grounds that the circumstances are so serious and urgent that immediate entry to the premises or vehicle without the authority of a warrant is necessary.

Note 1     For when a function is exercised for compliance purposes , see s 9.

Note 2     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).

    (2)     However, subsection (1) (a) or (b) does not authorise entry into a part of premises that is being used for residential purposes.

    (3)     An authorised person may, without the consent of the occupier of premises or a vehicle, enter the following land to ask for consent to enter the premises or vehicle:

        (a)     land that that is around, or part of, the premises;

        (b)     land that is around the vehicle.

    (4)     To remove any doubt, an authorised person may enter premises or a vehicle under subsection (1) without payment of an entry fee or other charge.

    (5)     For subsection (1) (d) and (e), the authorised person may enter premises or a vehicle with any reasonable and necessary force and assistance.

    (6)     However, only a police officer may use force against a person.



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