Division 2 Inspection powers

46F   (Repealed)

46G   Use of powers by authorised officers

Subject to section 46W, an authorised officer may exercise the powers conferred by this Division for the purposes of this Act, including the following purposes:

(a)  the purposes of an inspection, transport safety inquiry or other inquiry under this Act,

(b)  the purpose of determining whether there has been a contravention of this Act, the regulations or the terms of an accreditation, licence, authority, authorisation, service contract, requirement or exemption under this Act.

46H   Inspections relating to bus and ferry services

(1)  RMS may cause inspections to be carried out to ensure that a person who carries on a public passenger service by means of a bus or ferry is complying with the terms of the person’s accreditation under this Act or with the requirements of this Act relating to a safety management system.

(1A)  TfNSW may cause inspections to be carried out to ensure that a person who carries on a public passenger service by means of a bus is complying with the terms of the person’s service contract under this Act.

(2)  Inspections under this section may be carried out at such intervals as RMS or TfNSW thinks fit.

(3)  For the purposes of this section, RMS or TfNSW may cause the following to be inspected:

(a)  the performance of transport safety employees,

(b)  any bus or ferry used for the purposes of a public passenger service and any equipment, furnishings or fittings in or about the bus or ferry,

(c)  the carrying out of a public passenger service by means of a bus or ferry,

(d)  any other thing RMS or TfNSW considers to be relevant to the safe carrying on of a public passenger service by means of a bus or ferry.

46I   Power of entry

(1)  An authorised officer may enter the following premises:

(a)  any premises (other than any premises, or a part of any premises, that are used as a dwelling) that the officer reasonably suspects are being used for the purposes of a public passenger service, a taxi-cab network (as defined in section 29A) or for the keeping of records for any such purposes,

(b)  railway premises.

(2)  Entry may be made only at the following times:

(a)  any reasonable hour in the daytime,

(b)  any hour during which a public passenger service or rail passenger service is in operation or other related activity is in progress or is usually carried out in or on the premises,

(c)  any other hour that the premises are otherwise open for entry.

46J   Powers on entry

An authorised officer has the following powers in or on premises that the officer is authorised to enter under this Act:

(a)  power to inspect any vehicle that the officer reasonably suspects is being used for the purposes of a public passenger service and inspect or test any taxi-meter, radio receiver or other equipment, or inspect any furnishings or fittings, in or on or about the vehicle,

(b)  power, by notice in writing, to require the owner or person in charge of any such vehicle or equipment specified in the notice to have the vehicle or equipment inspected or tested within a time limit specified by the notice,

(c)  power to inspect any maintenance facilities, equipment or apparatus used for the purposes of or in connection with a public passenger service,

(d)  power to inquire into any transport accident or other incident affecting the safe carrying out of a public passenger service or the personal security of members of the public using a public passenger service or transport safety employees that has happened in or on the premises,

(e)  power to take samples and photographs in connection with any inspection or inquiry,

(f)  power to search for evidence of any contravention of this Act, the regulations or the terms of an accreditation, licence, authority, authorisation, service contract, requirement or exemption under this Act,

(g)  power to search for and inspect relevant documents and require any person in or on the premises to produce to the authorised officer any relevant documents in the person’s custody or under the person’s control,

(h)  power to require any person in or on the premises to answer questions or otherwise give information in relation to the matter the subject of the inspection, investigation or inquiry,

(i)  power to exercise functions under section 46L in relation to any relevant documents found in or on the premises or produced to an authorised officer,

(j)  power to seize anything that the authorised officer suspects on reasonable grounds is connected with an offence against this Act or the regulations and to secure any such thing against interference,

(k)  power to secure the perimeter of the site of any transport accident or other incident concerning a public passenger service by whatever means, and for such period, as the authorised officer considers appropriate or RMS specifies.

Note. For the purposes of this Act, vehicle is defined to include a vessel (see section 3 (1)).

46K   Inspection and testing of vehicles

(1)  An authorised officer may, for the purposes of an inspection of a vehicle that the officer is authorised to inspect under this Act:

(a)  enter and remain in or on the vehicle, and

(b)  enter and remain in any workshop or other premises where the vehicle is located, and

(c)  operate the vehicle and any operable equipment in, on or about the vehicle.

(2)  The driver or person in charge of a vehicle that is being driven or used on a road or road related area or in any other place must, for the purpose of enabling an authorised officer to inspect or test the vehicle or equipment under this Division, comply with any reasonable direction by an authorised officer to stop, stand, park or manoeuvre the vehicle, or to do any other thing, for the purpose of facilitating the inspection or testing of the vehicle.

(3)  A direction to stop the vehicle may be given by the authorised officer by displaying a sign or by any other reasonable method.

(4)  If a vehicle has been stopped in compliance with a direction under this section, any inspection and testing of the vehicle or equipment under this Division must be carried out:

(a)  at or as near as practicable to the place where the direction to stop the vehicle is given, and

(b)  as soon as practicable, and in any case within one hour, after the vehicle is stopped in accordance with the direction.

(5)  A notice under this Division requiring a vehicle or equipment to be tested may require the vehicle or equipment:

(a)  to be inspected or tested at a specified place (being a place within 80 kilometres of the owner’s or person’s place of residence or place of business), or

(b)  to be tested by or in the presence of an authorised officer.

46L   Functions of authorised officers in relation to relevant documents

(1)  An authorised officer has the following powers in relation to relevant documents found by an authorised officer in or on premises or a vehicle entered by the authorised officer or produced to the authorised officer pursuant to a requirement made under this Division:

(a)  power to take possession of the documents or secure them against interference,

(b)  power to take copies of, or take extracts from, the documents,

(c)  power to require any person who was party to the creation of the documents to make a statement providing any explanation that the person is able to provide as to any matter relating to the creation of the documents or as to any matter to which the documents relate,

(d)  power to retain possession of the documents for such period as is necessary to enable the documents to be inspected, and copies of, or extracts from, the documents to be made or taken.

(2)  While an authorised officer retains possession of a document, the authorised officer must permit a person who would be entitled to inspect the document were it not in the possession of the authorised officer to inspect the document at any reasonable time and make a copy of, or take extracts from, the document.

(3)  If an authorised officer takes possession of or secures against interference any relevant document on which a person has a lien, the authorised officer’s actions do not prejudice the lien.

46M   Other powers related to documents

(1)  An authorised officer may, by notice in writing, require a person to furnish records or information.

(2)  The notice must specify the manner in which records or information are required to be furnished and a reasonable time by or at which they must be furnished.

(3)  The authorised officer may take copies of, or extracts from, records furnished in response to a notice.

(4)  If any record required by the notice to be furnished is in electronic form or a form other than writing, the notice requires the record to be furnished in writing, unless the notice otherwise provides.

46N   Notice of entry

Before an authorised officer enters premises or a vehicle under this Act, the authorised officer must give the owner or occupier of the premises, or the owner or person in charge of the vehicle, reasonable notice of the intention to enter the premises or vehicle unless:

(a)  the giving of notice would defeat the purpose for which it is intended to enter the premises or vehicle, or

(b)  entry to the premises or vehicle is made with the consent of the owner or occupier of the premises or the owner or person in charge of the vehicle, or

(c)  entry is required in an emergency.