Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 40A

40A Further powers to seize evidence in relation to particular vehicles

(1) An authorised officer who enters a place—

(a) because the officer has the belief and suspicion mentioned in section 26A (3) ; or

(b) under section 26B ;

may seize a document, device or other thing that is in the place if the officer reasonably believes it is, or may provide, evidence of an offence against a transport Act.

(2) Subsection (3) applies if, under this part, an authorised officer, or a person helping the officer—

(a) either—

(i) enters a place in relation to a heavy vehicle, a prescribed dangerous goods vehicle or the transport of dangerous goods; or

(ii) enters or inspects a heavy vehicle or prescribed dangerous goods vehicle; and

(b) finds a disk, tape or other storage device (the
"original information storage device" ) containing information the authorised officer reasonably believes is relevant to decide whether a transport Act or an alternative compliance scheme has been contravened.

(3) The authorised officer or person may—

(a) put the information in documentary form and seize the document; or

(b) copy the information from the original information storage device to another information storage device and seize the other information storage device; or

(c) seize the original information storage device and any equipment at the place or vehicle necessary for accessing the information contained in the device if—

(i) it is not practicable to take action, at the place or vehicle, under paragraph (a) or (b) in relation to the information; and

(ii) the officer or person reasonably believes the device and equipment can be seized without being damaged.

(3A) Nothing in this section authorises an authorised officer to seize a digital device if—

(a) the officer reasonably believes a person has committed an offence under section 53 (2) or 126 (1) ; and

(b) in committing the offence a person used the device to store or display the following things, or an image or other design purporting to be the thing—

(i) a digital authority;

(ii) a digital evidence of age;

(iii) a digital evidence of identity.

(4) In this section—

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