Queensland Numbered Acts

TRANSPORT LEGISLATION AMENDMENT ACT 2007 No. 43 - SECT 38

Chapter 3, part 3, division 1--

insert--

'(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;

Example--

a weighing, measuring, recording or monitoring device

(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;

(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) journey documentation or 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) require a responsible person for the heavy vehicle in relation to which the power is to be exercised, whether or not the responsible person is in or at the place, to give the authorised officer reasonable help to exercise the power.

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

Maximum penalty--80 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.

Editor's note--

For the power to make a requirement mentioned in paragraph (a), see sections 49 and 50. For the power to make a requirement mentioned in paragraph (b), see section 50AB.

'(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--

(a) the Queensland Road Rules; or

(b) a regulation made under this Act applying to the transport of dangerous goods.

'(1) This section applies for the exercise of a power under section 30 or 30A in relation to a thing found in a place entered under this Act.

'(2) An authorised officer, or a person helping the authorised officer, may operate available equipment if the authorised officer or person reasonably believes--

(a) the available equipment is suitable for exercising the power; and

(b) the power can be exercised without damaging the available equipment or the thing.

'(3) In this section--

available equipment, for exercising a power in relation to a thing--

(a) means equipment that is--

(i) in or at the place in which the thing is found; or

(ii) taken onto the place under section 30(2)(e) or 30A(6)(a); or

(iii) in another place to which the thing has been moved under section 30(6) or 30A(10); and

(b) includes electronic equipment for accessing information contained on a thing found in or at the place.

Example of information contained on a thing--

information contained on a disk, tape or other device'.