Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 28

28 Warrants to enter

(1) An authorised officer may apply to a magistrate for a warrant to enter a place.

(2) The application must be sworn and state the grounds on which the warrant is sought.

(3) The magistrate may refuse to consider the application until the officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application to be given by statutory declaration.

(4) The magistrate may issue a warrant if satisfied there are reasonable grounds for suspecting—

(a) there is a particular thing or activity (the
"evidence" ) that may provide evidence of an offence against a transport Act; and

(b) the evidence is, or may be within the next 7 days, at the place.

(4A) The magistrate may also issue a warrant if the magistrate is satisfied that—

(a) either of the following apply in relation to a particular place—

(i) a vehicle that has been or may have been involved in a dangerous situation is or has been located at the place; or

(ii) the place is or may be otherwise connected, directly or indirectly, with a vehicle that has been or may have been involved in a dangerous situation; and

(b) there is evidence at the place (including for paragraph (a) (i) , the vehicle itself) that is relevant to the exercise of powers under this Act relating to dangerous situations.

(5) The warrant must state—

(a) that an authorised officer may, with necessary and reasonable help and force, enter the place and exercise the officer’s powers under this Act; and

(b) the offence for which the warrant is sought; and

(c) the evidence that may be seized under the warrant; and

(d) the hours when the place may be entered; and

(e) the date, within 7 days after the warrant’s issue, the warrant ends.

(6) In this section—

"transport Act" does not include the Tow Truck Act 2023 .