South Australian Consolidated Acts

MOTOR VEHICLES ACT 1959 - SECT 98P

98P—Investigation powers

        (2)         An authorised officer must make such investigations and reports, relevant to the administration of this Part, as the Registrar may direct.

        (3)         Subject to subsection (3a), for the purposes of an investigation under this section, an authorised officer may, on any day and at any hour, with such assistants (if any) as the authorised officer thinks reasonably necessary—

            (a)         upon the authority of a warrant issued by a justice—

                  (i)         break into any premises; and

                  (ii)         break into any part of the premises or any vehicle or thing contained in the premises; and

            (b)         without a warrant—

                  (i)         enter upon and search any premises or any vehicle or thing contained in those premises; and

                  (ii)         require the driver of a towtruck to stop the vehicle; and

                  (iii)         require any person to produce any documents or books that may be relevant to the investigation, and to take copies of those documents or books, or any part of them; and

                  (iv)         seize any documents, books or other objects that may furnish evidence of an offence against this Act; and

                  (v)         require any person to answer any question that may be relevant to the investigation.

        (3a)         An authorised officer may not exercise the power conferred under subsection (3)(b)(i), in relation to any premises, at any time when those premises are not open for business.

        (4)         A person must not—

            (a)         assault or hinder an authorised officer, or a person assisting an authorised officer, while the authorised officer is acting in the exercise of powers conferred by this section; or

            (b)         refuse or fail to answer truthfully and forthwith any question put to the person in the course of an investigation under this Part by an authorised officer.

Maximum penalty: $20 000.

        (4a)         A person must not use abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer, while the authorised officer is acting in the exercise of powers conferred under this Part.

Maximum penalty: $750.

        (5)         Any statement of fact made in a report made by an authorised officer at the direction of the Registrar under this section will, in any legal proceedings under this Act, be accepted, in the absence of proof to the contrary, as proof of the fact so stated.

        (6)         An apparently genuine document purporting to be a report made by an authorised officer at the direction of the Registrar under this section will be accepted, in any legal proceedings, in the absence of proof to the contrary, to be such a report.