Passenger Transport Act 1990 No 39
Current version for 20 January 2013 to date (accessed 20 May 2013 at 01:04)

46R   Authority to enter

(1)  A power conferred by this Part on an authorised officer to enter premises or a vehicle, or to make an inspection or take other action in or on premises or a vehicle, may not be exercised unless the authorised officer proposing to exercise the power is in possession of an authority and produces the authority, if required to do so by the owner or occupier of the premises or the driver or person in charge of the vehicle.
(2)  The authority must be a written authority that is issued by the person who appointed the authorised officer and that:
(a)  states that it is issued under this Act, and
(b)  states an identifying number or other means of identifying the person to whom it is issued, and
(c)  describes the nature of the powers conferred, and
(d)  states the date (if any) on which it expires, and
(e)  describes the premises or vehicles to which it extends, and
(f)  bears the signature of:
(i)  if TfNSW is the person who appointed the authorised officer—a person approved by TfNSW, or
(ii)  if RMS is the person who appointed the authorised officer—the Chief Executive of RMS or a person approved by the Chief Executive.
(3)  This section does not apply to a power conferred by a search warrant or to a power exercised by an authorised officer who is a police officer.
Top of page