Queensland Consolidated Acts

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

126KB Use or seizure of electronic equipment

(1) The authorised person, or the person helping the authorised person, as mentioned in section 126KA (3) may operate the equipment mentioned in the subsection (the
"equipment" ) to access the information if—

(a) a thing found in, on or at the rail vehicle or premises is, or includes, a document or thing used for the storage of information; and

(b) the equipment may be used with the document or other thing to access information; and

(c) the authorised person concerned believes on reasonable grounds that the document or storage device is relevant to deciding whether an offence has been committed.

(2) If the authorised person, or the person helping the authorised person, finds that a disk, tape or other storage device in, on or at the vehicle or premises is relevant to deciding whether an offence has been committed, he or she may—

(a) put the information in documentary form and seize the documents so produced; or

(b) copy the information to another document or thing and remove that document or thing from the vehicle or premises; or

(c) if it is not practicable to put the information in documentary form or to copy the information—seize the document or other thing and the equipment that enables the information to be accessed.

(3) An authorised person, or a person helping the authorised person, must not operate or seize equipment for this section unless the authorised person or person helping the authorised person reasonably believes the operation or seizure of the equipment can be carried out without damage to the equipment.