Motor Vehicle Repairs (Amendment) Act 1987 (NSW)

MOTOR VEHICLE REPAIRS (AMENDMENT) ACT 1987

No. 278

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2.      Amendment of Act No. 71, 1980

SCHEDULE 1—AMENDMENTS

MOTOR VEHICLE REPAIRS (AMENDMENT) ACT 1987 No. 278

NEW SOUTH WALES

Act No. 278, 1987

An Act to amend the Motor Vehicle Repairs Act 1980 to empower members of the police force to enter and search certain premises. [Assented to 16 December 1987]

2   Act No. 278

Motor Vehicle Repairs (Amendment) 1987

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Motor Vehicle Repairs (Amendment)

Act 1987.

Amendment of Act No. 71, 1980

2. The Motor Vehicle Repairs Act 1980 is amended as set out in

Schedule 1.

SCHEDULE 1—AMENDMENTS

(Sec. 2)

(1) Section 75 (Power of entry and examination)—

Section 75 (3)-(5)—
After section 75 (2), insert:

(3) 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 any place at which 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)	require any person employed or engaged at that place to produce such records or other documents as are required to be kept under this Act or the regulations and as are in or under his or her custody or control; and
(c)	search for and examine any motor vehicles and parts and accessories of motor vehicles at that place.

(4) The power of a member of the police force under subsection (3) to enter premises does not permit entry to any part of premises used for residential purposes unless—

Motor Vehicle Repairs (Amendment) 1987

SCHEDULE 1— AMENDMENTS—continued

(5) In this section—

"stolen" means stolen or otherwise unlawfully obtained.

(2) Section 7 5 A —

After section 75, insert:

Search warrants—entry of unlicensed premises

75A. (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.

(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

force under section 75 (3) for any purpose specified in that	relation to those premises, any powers of a member of the police
subsection.
(4) Part III of the Search Warrants Act 1985 applies to a search warrant issued under this section.

(3) Section 76 (Offence to obstruct inspector, police)—

(a) Section 76 (a)-(d)—
After "inspector" wherever occurring, insert "or member of the

4   Act No. 278

Motor Vehicle Repairs (Amendment) 1987

SCHEDULE 1— AMENDMENTS—continued

(c) Section 76 (d), (e)—
At the end of section 76 (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 Act.