Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 26A

26A Further power to enter place of business in relation to prescribed dangerous goods vehicle

(1) Without limiting section 26 but subject to section 26B , an authorised officer may enter a place of business of a person involved in the transport of dangerous goods at any time during the usual business hours of the business—

(a) without the occupier’s consent or a warrant; and

(b) whether or not the place is actually being used at that time for carrying on the business;

if the authorised officer has—

(c) the suspicion mentioned in subsection (2) ; or

(d) the belief and suspicion mentioned in subsection (3) .

(2) For subsection (1) (c) , the authorised officer must reasonably suspect that there may be at the place—

(a) a document relating to the transport of dangerous goods or a prescribed dangerous goods vehicle, that is required to be kept under a transport Act or alternative compliance scheme; or

(b) a device relating to the transport of dangerous goods or a prescribed dangerous goods vehicle, that is required to be installed, used or maintained under a transport Act or alternative compliance scheme.

(3) For subsection (1) (d) , the authorised officer—

(a) must reasonably believe that there may be at the place evidence of an offence, relating to the transport of dangerous goods or a prescribed dangerous goods vehicle, against a transport Act; and

(b) must reasonably suspect the evidence may be concealed or destroyed unless the place is immediately entered and searched.

(4) This section does not authorise an authorised officer, without the occupier’s consent or a warrant, to enter—

(a) a place that is apparently unattended, unless the officer reasonably believes the place is attended; or

(b) a place, or any part of a place, used predominantly for residential purposes.

(5) For subsection (4) (b) , a place or part of a place is not used predominantly for residential purposes if it is used merely for temporary or casual sleeping or other accommodation for drivers of vehicles.

(6) The authorised officer may open unlocked doors and other unlocked panels and things at the place for gaining entry to the place under subsection (1) .

(7) This section does not authorise an authorised officer to use force for exercising a power under this section.

(8) In this section—

"place of business" , of a person involved in the transport of dangerous goods, means a place—

(a) at or from which the person carries on a business; or

(b) that is occupied by the person in connection with a business carried on by the person.

"transport Act" does not include the Queensland Road Rules .