Australian Capital Territory Numbered Regulations

ROAD TRANSPORT (PUBLIC PASSENGER SERVICES) REGULATIONS 2002 (2002 NO 3) - REG 172

(NSW Act s 55A (5) (a), sch 1 cl 3)

    (1)     For the purposes of this chapter, a police officer or authorised person may, at any reasonable time, enter any premises used for or in relation to the maintenance of a public passenger vehicle (other than any part of premises being used solely for residential purposes).

    (2)     The police officer or authorised person may—

        (a)     inspect records in the premises relating to the maintenance of public passenger vehicles carried out at the premises; and

        (b)     inspect the premises; and

        (c)     inspect or test any equipment in the premises used or proposed to be used for or in relation to the maintenance of a public passenger vehicle.

Note     The dictionary definition of inspect a vehicle includes observe the performance of the vehicle or any of its equipment, with or without the use of instruments.

    (3)     For subregulation (2) (a), the police officer or authorised person may—

        (a)     require the person apparently in charge of the premises, or anyone else who has the custody or control of the records, to produce them to the police officer or authorised person for inspection; and

        (b)     make copies of, or take extracts from, a record and, for that purpose, may take possession of the record and, if necessary, keep it for not longer than 7 days.

    (4)     For subregulation (2) (c), the police officer or authorised person may do any 1 or more of the following:

        (a)     operate any equipment in the premises;

        (b)     request the person apparently in charge of the premises to give the police officer or authorised person any information the police officer or authorised person reasonably requires to inspect or test any equipment in the premises;

        (c)     request the person apparently in charge of the premises to do anything else the police officer or authorised person reasonably requires to inspect or test any equipment in the premises.

    (5)     A person must not, without reasonable excuse, fail to comply with a request made by a police officer or authorised person under this regulation.

Maximum penalty: 20 penalty units.

    (6)     An authorised person who enters premises under this regulation is not authorised to remain in the premises if, when asked by the person in charge of the premises, the authorised person does not produce his or her identity card.