Australian Capital Territory Numbered Acts

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DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 75

General powers on entry to premises and vehicles

    (1)     An authorised person who enters premises or a vehicle under this division (whether with the occupier's consent, under a warrant or otherwise) may, for compliance purposes or otherwise for this Act, do 1 or more of the following in relation to the premises or vehicle or anything at the premises or in the vehicle:

        (a)     inspect or examine;

        (b)     take measurements or conduct tests;

        (c)     take samples;

        (d)     take photographs, films, or audio, video or other recordings;

        (e)     use photocopying equipment at the premises to copy any records or other material;

        (f)     require the occupier, or anyone at the premises, or anyone in or near the vehicle, to give the authorised person reasonable assistance to exercise a power under this division.

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

Note 2     The Legislation Act, s 170 and s 171 deal with the application of the privilege against self incrimination and client legal privilege.

Note 3     For the power to enter, inspect and search pt 3.2 vehicles, see div 3.5.2 (Powers of authorised people in relation to pt 3.2 vehicles).

Note 4     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)     Also, an authorised person who enters premises or a vehicle under a warrant may search the premises or vehicle and anything at the premises or in the vehicle.

    (3)     A person must take reasonable steps to comply with a requirement made of the person under subsection (1) (f).

Maximum penalty: 50 penalty units.



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