Queensland Consolidated Acts

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

26B Further power to enter particular places if incident involving death, injury or damage

(1) Without limiting section 26 , an authorised officer, without the occupier’s consent or a warrant, may enter a place at any time if the officer reasonably believes—

(a) an incident involving the death of, or injury to, a person or damage to property involves or may have involved any of the following—

(i) a prescribed dangerous goods vehicle;

(ii) the transport of dangerous goods; and

(b) the incident may have involved an offence against a transport Act; and

(c) there is a connection between the place and the prescribed dangerous goods vehicle or the transport of dangerous goods; and

(d) there may be at the place evidence of the offence mentioned in paragraph (b) that may be concealed or destroyed unless the place is immediately entered and searched.

(2) However, if the authorised officer is not a police officer, the authorised officer may enter the place only if the entry is authorised by a police officer of at least the rank of inspector.

(3) For subsection (1) , there is a connection between a place and a prescribed dangerous goods vehicle if—

(a) the place is the vehicle’s garage address; or

(b) the vehicle is, or within the past 72 hours has been, located at the place; or

(c) the place is, or may be, otherwise directly or indirectly connected with the vehicle or any part of its equipment or load.

(3A) For subsection (1) , there is a connection between a place and the transport of dangerous goods if—

(a) dangerous goods were transported to or from the place within the period of 72 hours before the proposed entry to the place; or

(b) the place is, or may be, otherwise directly or indirectly connected with the dangerous goods.

(4) Section 26A (4) to (7) applies to the entry to a place by an authorised officer under this section.

(5) In this section—

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