Queensland Consolidated Acts

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 129L

129L Responsible person to be notified of detention

(1) This section applies if—

(a) under this part, a transit officer is detaining a person at a place until a police officer arrives; and

(b) the detained person is a child or a person with impaired capacity; and

(c) the child’s or person’s name is known to the transit officer.

(2) The transit officer must, as soon as practicable, advise the responsible person for the child or person of the detention and the place where the child or person is being detained.

(3) Subsection (2) does not apply in relation to a child if the transit officer believes on reasonable grounds the child is an adult.

(4) In deciding whether the transit officer had reasonable grounds, a court may have regard to the child’s apparent age and the circumstances of the detention.

(5) In this section—

"responsible person" means—

(a) for a child—

(i) the child’s parent or guardian; or

(ii) a person who has lawful custody of the child; or

(iii) a person who has the day-to-day care and control of the child; or

(iv) an adult relative or friend acceptable to the child; or

(b) for a person with an impaired capacity—a guardian appointed for the person under the Guardianship and Administration Act 2000 .