Queensland Consolidated Acts

LIQUID FUEL SUPPLY ACT 1984 - SECT 37

37 Powers of authorised persons

(1) An authorised person may, with such assistance as the authorised person considers necessary—

(a) subject to subsection (4) , enter any premises or place where there is carried on a business concerned with trading in liquid fuel and enter any other premises or place where the authorised person suspects on reasonable grounds that there is to be found evidence that an offence against this Act is being, has been or is about to be committed;

(b) inspect all parts of any premises or place lawfully entered by the authorised person and any vehicle, vessel or aircraft therein that is so constructed as to be capable of transporting liquid fuel and all compartments, receptacles and equipment in or on such premises, places, vehicle, vessel or aircraft;

(c) require the occupier or person apparently in charge of any premises or place lawfully entered by the authorised person—

(i) to open in the presence of the authorised person any compartment or receptacle in or on such premises or place or in or on any such vehicle, vessel or aircraft therein;

(ii) to examine in the presence of the authorised person the contents, being in the authorised person’s opinion liquid fuel, of any such compartment or receptacle;

(iii) to produce to the authorised person all documents relating to the business carried on at such premises or place;

(d) examine and take extracts from or make copies of documents relating to a business carried on in or on any premises or place lawfully entered by the authorised person;

(e) break open any compartment or receptacle that has not been opened in response to a requisition made by the authorised person;

(f) examine the contents, being in the authorised person’s opinion liquid fuel, of any compartment or receptacle in or on any premises or place lawfully entered by the authorised person;

(g) seize and retain or secure any liquid fuel, vehicle, vessel, aircraft, receptacle, equipment, document or other thing whatsoever that in the authorised person’s opinion is likely to afford evidence of an offence against this Act.

(2) An authorised person may, with such assistance as the authorised person considers necessary—

(a) where the authorised person suspects on reasonable grounds that any vehicle, vessel or aircraft is being used or is so constructed as to be capable of being used for the transport of liquid fuel, require the driver or person in charge thereof—

(i) to stop the vehicle, vessel or aircraft; or

(ii) to move the vehicle, vessel or aircraft to a place indicated by the authorised person; or

(iii) not to move the vehicle, vessel or aircraft;

(b) subject to subsection (4) , enter any premises or place in or on which any such vehicle, vessel or aircraft is found;

(c) board any such vehicle, vessel or aircraft and inspect all parts thereof and all compartments, receptacles and equipment in or on the vehicle, vessel or aircraft;

(d) require the driver or person in charge of such a vehicle, vessel or aircraft—

(i) to open in the presence of the authorised person any compartment or receptacle in or on the vehicle, vessel or aircraft;

(ii) to inform the authorised person of the nature of any substance being transported therein or thereon;

(iii) to inform the authorised person of the place where such substance was loaded onto the vehicle, vessel or aircraft and the person to whom and place where the substance is to be delivered;

(iv) to examine in the presence of the authorised person the contents, being in the authorised person’s opinion, liquid fuel, of any compartment or receptacle in or on the vehicle, vessel or aircraft;

(v) to produce to the authorised person for the authorised person’s examination all waybills, consignment notes or delivery notes relevant to the load in or on the vehicle, vessel or aircraft;

(e) break open any compartment or receptacle that has not been opened in response to a requisition made by the authorised person;

(f) examine the contents, being in the authorised person’s opinion liquid fuel, of any compartment or receptacle in or on a vehicle, vessel or aircraft stopped or boarded by the authorised person;

(g) seize and retain or secure any liquid fuel, vehicle, vessel, aircraft, receptacle, equipment, document or other thing whatsoever that in the authorised person’s opinion is likely to afford evidence of an offence against this Act.

(3) Where an authorised person suspects on reasonable grounds that an offence against this Act is being, has been or is about to be committed—

(a) by any person; or

(b) in or in respect of any premises, place, vehicle, vessel or aircraft;

the authorised person may require that person or, as the case may be, the person in charge of the premises, place, vehicle, vessel or aircraft to state the person’s true name and place of residence and place of business and may further require that person to produce evidence as to the person’s true name and place of residence and place of business, immediately or at a place and within a period stipulated by the authorised person.

(4) An authorised person is not entitled to enter any dwelling house used exclusively for residential purposes or a part used exclusively for residential purposes of any building unless the authorised person first obtains—

(a) the consent of the occupier thereof; or

(b) a search warrant that authorises such entry.

(4A) A justice who is satisfied upon the complaint of an authorised person that there is reasonable cause to suspect that in any place there is to be found evidence that an offence against this Act is being, has been or is about to be committed may issue the justice’s warrant directed to the authorised person to enter the place specified in the warrant with such assistance as the justice considers necessary for the purpose of exercising therein the powers conferred on an authorised person by this Act.

(4B) Such a warrant shall be, for a period of 1 month from the date of its issue, lawful authority for the authorised person and all persons acting in aid of the authorised person—

(a) to enter the place specified in the warrant; and

(b) to exercise therein the powers conferred on the authorised person by this Act.

(4C) In subsection (4) a dwelling house or part of a building used for residential purposes does not include the curtilage thereof.

(5) The following provisions apply in respect of the exercise of the authorised person’s powers by an authorised person—

(a) an authorised person is not entitled to remain in or on any premises, place, vehicle, vessel or aircraft entered or boarded by the authorised person for the purposes of this Act if, upon the request of the occupier, driver or person apparently in charge thereof, he fails to produce the identity card issued to the authorised person pursuant to section 36 (3) ;

(b) during a period of emergency the powers of an authorised person may be exercised by the authorised person at any hour of the day or night;

(c) where a liquid fuel emergency has been declared in relation to a liquid fuel of a particular kind the powers of an authorised person may be exercised only in relation to liquid fuel of that kind.