Queensland Consolidated Acts

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 126C

126C Powers supporting seizure

(1) To enable a thing to be seized, an authorised person may require the person in control of it—

(a) to take it to a stated reasonable place by a stated reasonable time; and

(b) if necessary, to remain in control of it at the stated place for a reasonable time.

(2) The requirement must be made by notice in the approved form.

(3) However, if for any reason it is not practicable to give the notice, the requirement may be made orally and confirmed by notice in the approved form as soon as practicable.

(4) A further requirement may be made under this section about seizing the thing if it is necessary and reasonable to make the further requirement.

Examples of a further requirement—

A requirement that the thing—

• be transported during stated off-peak hours

• be transported along a particular route

• be transported in a particular way

• have appropriate placards or markings attached to it while it is being transported

(5) A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse.

Penalty—

Maximum penalty for subsection (5) —60 penalty units.