Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 49

49 Power to require documents to be produced

(1) Subject to subsections (2A) and (2B) , an authorised officer may require a person to produce for inspection a document issued, or required to be kept by the person, under a transport Act or a corresponding law.

Examples—

• an Australian driver licence

• a logbook

• transport documentation

(2) The person must comply with the requirement, unless the person has a reasonable excuse.

Penalty—

Maximum penalty—45 penalty units.

(2A) Unless subsection (2B) applies, only an authorised officer who is a police officer may require the driver of a private vehicle to produce his or her driver licence under subsection (1) .

(2B) An authorised officer who is not a police officer may require the driver of a private vehicle to produce his or her driver licence under subsection (1) if the officer reasonably believes the driver has just committed, or is committing, an offence against—

(a) the Transport Infrastructure Act 1994 , section 46 ; or

(b) the Queensland Road Rules , section 100 , 154 (1) or 156 (1) .

(2C) If a driver mentioned in subsection (2B) holds an open licence but is unable to comply with the requirement immediately, the driver may comply with the requirement by producing the licence to the chief executive, at a place nominated by the authorised officer, within 2 business days after the requirement is made.

(2D) The place nominated under subsection (2C) must be an office of the department that is reasonable in the circumstances.

(3) The officer may keep the document to make a note on it or copy it.

(4) If the officer copies it, the officer may require the person responsible for keeping the document to certify the copy as a true copy of the document.

(5) The person must certify the copy, unless the person has a reasonable excuse.

Penalty—

Maximum penalty—45 penalty units.

(6) The officer must return the document to the person as soon as practicable after making the note or copying it.

(7) Despite subsections (3) and (6) , a regulation may provide that an authorised officer may seize a document if—

(a) the document is a licence and the authorised officer reasonably believes any of the following—

(i) the licence has been cancelled or suspended;

(ii) the licence has ended;

(iii) the licence has been amended and the amendment is not recorded on the licence;

(iv) the person who produces the licence is not the licensee or is disqualified, however described, by an Australian court from holding or obtaining an Australian driver licence; or

(b) the document purports to be a licence and the authorised officer reasonably believes the document is not a licence.