Queensland Consolidated Acts

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 124

124 General powers in relation to places and vehicles

(1) An authorised person who enters a place, or enters or boards a vehicle, under this chapter may—

(a) search any part of the place or vehicle; or

(b) inspect, photograph or film anything in or on the place or vehicle; or

(c) take samples of or from anything in or on the place or vehicle; or

(d) take extracts from, or make copies of, a document in or on the place or vehicle; or

(e) take into or onto the place or vehicle any persons, equipment and materials the authorised person reasonably requires for exercising a power under this Act; or

(f) require the occupier of the place, or a person in or on the place or vehicle, to give the authorised person reasonable help to exercise the powers mentioned in paragraphs (a) to (e) ; or

(g) if the authorised person enters or boards a vehicle—by written notice given to the person in control of the vehicle, require the person—

(i) to take the vehicle to a stated reasonable place by a stated reasonable time; and

(ii) if necessary, to remain in control of the vehicle at the place for a reasonable time;

to enable an authorised person to exercise the powers mentioned in paragraphs (a) to (e) .

(1A) It is unnecessary for an authorised person who may enter or board a vehicle under this chapter, to enter or board the vehicle to make a requirement under subsection (1) (g) of the person in control of the vehicle (the
"driver" ) if the authorised person is physically able to make the requirement of the driver without entering or boarding the vehicle.

(2) A person who is required to give reasonable help under subsection (1) (f) must comply with the requirement, unless the person has a reasonable excuse.

Penalty—

Maximum penalty—75 penalty units.

(3) If the requirement is to be complied with by the person by—

(a) giving information; or

(b) producing a document (other than a document required to be kept by the person under this Act);

it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might tend to incriminate the person.

(4) A person who is required by an authorised person under subsection (1) (g) to take action in relation to a vehicle must comply with the requirement, unless the person has a reasonable excuse for not complying with it.

Penalty—

Maximum penalty—75 penalty units.

(5) If, for any reason, it is not practicable to make a requirement under subsection (1) (g) by written notice, the requirement may be made orally and confirmed by written notice as soon as practicable.

(6) Nothing in this section prevents an authorised person making a further requirement under subsection (1) (g) of the same person or another person in relation to the same vehicle if it is necessary and reasonable to make the further requirement.

(7) An authorised person may not enter a part of a vehicle used only as a living area, or exercise a power under subsection (1) (a) to (e) in relation to that part, unless the authorised person is accompanied by the person in control of the vehicle.

(8) Subsection (7) does not apply if the person in control of the vehicle is unavailable or unwilling to accompany the authorised person or the authorised person is unable for another reason to comply with the subsection.

(9) This section does not apply to an authorised person who enters a place to get the occupier’s consent unless the consent is given or the entry is otherwise authorised.