Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 30A

30A Further powers after entering place under s 26A or 26B

(1) This section applies to an authorised officer who enters a place under section 26A or 26B .

(2) If the authorised officer enters the place because the authorised officer has the suspicion mentioned in section 26A (2) , the authorised officer may do either or both of the following—

(a) inspect—

(i) a document that is required to be kept under a transport Act or an alternative compliance scheme; or

(ii) a device that is required to be installed, used or maintained under a transport Act or an alternative compliance scheme;

(b) copy, or take an extract from, any or all of the following that are at the place—

(i) a document mentioned in paragraph (a) (i) ;

(ii) a readout or other data obtained from a device mentioned in paragraph (a) (ii) .

(3) Subsection (4) applies if the authorised officer enters the place to obtain evidence of an offence against a transport Act because—

(a) the authorised officer has the belief and suspicion mentioned in section 26A (3) in relation to the evidence; or

(b) the authorised officer has the belief mentioned in section 26B (1) in relation to the evidence.

(4) The authorised officer may, for obtaining evidence of an offence against a transport Act, do any or all of the following—

(a) search any part of the place;

(b) inspect anything in the place, including, for example, dangerous goods or packaging at the place;

(c) copy, or take an extract from, any or all of the following in the place—

(i) a document mentioned in subsection (2) (a) (i) ;

(ii) transport documentation;

(iii) a document, or a readout or other data obtained from anything, that the authorised officer reasonably believes provides, or on further inspection may provide, evidence of the offence.

(5) For exercising a power under subsection (2) (b) or (4) (c) , the authorised officer may use photocopying equipment in the place free of charge.

(6) Also, for exercising a power under subsection (2) or (4) , the authorised officer may—

(a) take the persons, equipment and materials the authorised officer reasonably requires for exercising the power into the place; or

(b) if the exercising of the power is because of a suspicion mentioned in section 26A (2) or a belief and suspicion mentioned in section 26A (3) —require a person involved in the transport of dangerous goods in relation to which the power is to be exercised to give the authorised officer reasonable help to exercise the power, whether or not the person is in or at the place.

(7) A person must comply with a requirement made under subsection (6) (b) , unless the person has a reasonable excuse.

Penalty—

Maximum penalty—60 penalty units.

(8) A requirement under subsection (6) (b) does not include—

(a) a requirement to produce a document or give information; or

(b) a requirement to help the authorised officer find and gain access to a document or information.

Note—

See sections 49 , 49A and 50AB for powers about requiring or directing a person to produce a document, provide information or help an authorised officer find and gain access to a document or information.

(9) Subsection (10) applies for the exercise of a power by an authorised officer under subsection (4) to decide if anything found at the place may be seized under division 3 .

(10) The authorised officer may move the thing to another place if—

(a) it is not practicable to exercise the power in relation to the thing at the place where it is found; or

(b) the occupier of the place where it is found consents in writing.

(11) In this section—

"transport Act" does not include the Queensland Road Rules .