Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsin division 5.1, insert
81A Power to inspect interlocks in motor vehicle
(1) This section applies if a police officer or authorised person suspects on reasonable grounds that—
(a) a person is driving a motor vehicle on a road or road related area; and
(b) the person is an interlock driver.
(2) The police officer or authorised person may––
(a) stop and detain the motor vehicle; and
(b) enter the vehicle to inspect and test any interlock that is installed in the vehicle to find out whether the interlock––
(i) is a fitted interlock; and
(ii) is operating correctly or has been tampered with.
Example––tampering
removing or interfering with a tamper-evident seal on the fitted interlock
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(3) In exercising a power under subsection (2) in relation to a vehicle, a police officer or authorised person—
(a) may use the assistance that is necessary; and
(b) must search the vehicle in a public place or somewhere else to which members of the public have ready access; and
(c) must not detain the vehicle for longer than is necessary and reasonable to search it; and
(d) may use the force that is necessary and reasonable in the circumstances, but must not damage the vehicle by forcing open a part of the vehicle unless—
(i) someone apparently in charge of the vehicle has been given a reasonable opportunity to open that part; or
(ii) it is not possible to give anyone apparently in charge of the vehicle a reasonable opportunity to open that part.
(4) In this section:
fitted interlock–– see the Road Transport (Driver Licensing) Regulation 2000
, section 73S.
interlock–– see the Road Transport (Driver Licensing) Regulation 2000
, section 73S.
interlock driver–– see the Road Transport (Driver Licensing) Regulation 2000
, section 73S.
Part 6 Road Transport (General) Regulation 2000