Queensland Consolidated Acts

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 41

Powers supporting seizure

41 Powers supporting seizure

(1) Having seized a thing under this division, an authorised officer may—
(a) move the thing from the place or vehicle where it was seized (the
"place of seizure" ); or
(b) leave the thing at the place of seizure but take reasonable action to restrict access to it.
Examples of restricting access to a thing—
• sealing a thing and marking it to show access to it is restricted
• sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted
(2) If an authorised officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with it without an authorised officer’s approval.
Penalty—
Maximum penalty—60 penalty units.
(3) To enable a thing to be seized, an authorised officer may require the person in control of it to take it to a stated reasonable place by a stated reasonable time.
(4) The requirement—
(a) must be made by notice in the approved form; or
(b) if for any reason it is not practicable to give the notice—may be made orally and confirmed by notice in the approved form as soon as practicable.
(5) The person must comply with the requirement, unless the person has a reasonable excuse.
Penalty—
Maximum penalty—60 penalty units.



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