Queensland Consolidated Acts

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

126HA Further powers if vehicle entered is rail vehicle

(1) This section applies if an authorised person has—

(a) entered a place under section 120 for purposes relating to the transport of dangerous goods by rail; or

(b) entered or boarded a vehicle under section 123 , the vehicle is a rail vehicle and the entry or boarding was for purposes relating to the transport of dangerous goods by rail.

(2) Without limiting section 124 , the authorised person may do any of the following—

(a) weigh, test or measure a thing relating to a rail vehicle, any part of a rail vehicle or equipment or load of a rail vehicle;

(b) check the existence or details of a placard or other information required under a dangerous goods regulation to be displayed in a rail vehicle or any load on it;

(c) access or download information that is required to be kept under a dangerous goods regulation and that is—

(i) stored electronically in equipment located at the place or in a rail vehicle; or

(ii) accessible electronically from equipment located at the place or in a rail vehicle.

(3) If an authorised person exercises a power mentioned in subsection (2) , the authorised person is taken to be exercising a power under section 124 (1) (a) to (e) and the other provisions of section 124 apply to the exercise of that power.

Notes for subsection (3)—

1 Under section 124 (1) (f) , an authorised person may require a person to help exercise powers as mentioned in subsection (2) and if the person does not comply with the request the person may be prosecuted under section 124 (2) .

2 Under section 124 (7) , an authorised person may not enter a part of a rail vehicle used only as a living area.