Motor Dealers (Amendment) Act 1987 (NSW)

MOTOR DEALERS (AMENDMENT) ACT 1987 No. 277

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Amendment of Act No. 52, 1974

SCHEDULE 1—AMENDMENTS

MOTOR DEALERS (AMENDMENT) ACT 1987 No. 277

NEW SOUTH WALES

Act No. 277, 1987

An Act to amend the Motor Dealers Act 1974 to empower members of the police force to enter and search certain premises. [Assented to 16 December

1987]

Sec also Motor Vehicle Repairs (Amendment) Act 1987.

Motor Dealers (Amendment) 1987

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Motor Dealers (Amendment) Act 1987.

Amendment of Act No. 52, 1974

1. The Motor Dealers Act 1974 is amended as set out in Schedule 1.

SCHEDULE 1—AMENDMENTS

(Sec. 2)

(1) Section 53A (Powers of entry etc.)—

(a) Section 53A (1A), (1B)—
After section 53A (1), insert:

(1A) For the purpose of searching for, or obtaining information concerning, stolen motor vehicles and stolen parts and accessories of motor vehicles, a member of the police force may—

(a)	enter premises where a person carries on a business for which the person holds a licence or is reasonably suspected of carrying on a business for which the person is required to hold a licence;
(b)	search for and examine any motor vehicles and parts and accessories of motor vehicles on those premises;

(c) require the production of records;

(d) inspect and require explanations of any record; and
(e)	take notes, copies and extracts of or from any record or statement produced pursuant to this section.

(1B) The power of a member of the police force under

subsection (1A) to enter premises does not permit entry to any part
of premises used for residential purposes unless—

(a)	a person holds a licence granted in respect of the premises; or
(b)	the member of the police force is acting pursuant to a search warrant under section 53AA.

(b) Section 53A (2)—

Omit "Where an authorised officer requires production under subsection (1)", insert instead "If under this section production is required".

3   Act No. 277

Motor Dealers (Amendment) 1987

SCHEDULE 1— AMENDMENTS—continued

(c) Section 53A (3) (a)—

Omit "an authorised officer in the exercise of , insert instead "a person exercising".

(d)	Section 53A (3) (b)— Omit "subsection (1) or (2)", insert instead "this section".
(e)	Section 53A (3) (c)— Omit "or" where lastly occurring.

(0 Section 53A (3) (d), (e)—

At the end of section 53A (3) (d), insert:

; or

(e) conceal or attempt to conceal any motor vehicle or part or accessory of a motor vehicle that a member of the police force is entitled to search for and examine under this section.

(g) Section 53A (5)—
After section 53A (4), insert:

(5) In this section—

"stolen" means stolen or otherwise unlawfully obtained.

(2) Section 53AA—

After section 53A, insert:

Search warrants—entry of unlicensed premises

53AA. (1) In this section—

"authorised justice" means—

(a) a Magistrate; or

(b) a justice employed in the Attorney General's Department.

(2) A member of the police force may apply to an authorised justice for a search warrant if the member of the police force has reasonable grounds for believing that premises are being used for the carrying on of a business for which a person is required to hold a licence.

Motor Dealers (Amendment) 1987

SCHEDULE 1— AMENDMENTS—continued

(3) An authorised justice to whom such an application is made may, if satisfied that there are reasonable grounds for the belief referred to in subsection (2), issue a search warrant authorising a member of the police force named in the warrant to exercise, in relation to those premises, any powers of a member of the police force under section 53A (1A) for any purpose specified in that subsection.

(4) Part III of the Search Warrants Act 1985 applies to a search

warrant issued under this section.