Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 30

30 General powers after entering places

(1) This section applies to an authorised officer if—

(a) the authorised officer enters a place under section 26 (1) ; or

(b) the authorised officer is also an authorised officer under the Heavy Vehicle National Law (Queensland) and enters a place under that Law.

(2) The officer may, for monitoring or enforcing compliance with this Act—

(a) search any part of the place; or

(b) inspect, measure, weigh, test, photograph or film the place or anything in the place; or

(c) take samples of anything in the place; or

(d) copy, or take an extract from, a document in the place; or

(e) take the persons, equipment and materials the officer reasonably requires for exercising a power under this Act into the place; or

(f) require a person in the place to give the officer reasonable help to exercise the powers mentioned in paragraphs (a) to (e) .

Examples of requirements under paragraph (f)—

• a requirement to operate equipment or facilities

• a requirement to give access, free of charge, to photocopying equipment

(3) A person must comply with a requirement under subsection (2) (f) , unless the person has a reasonable excuse.

Penalty—

Maximum penalty—60 penalty units.

(4) A requirement under subsection (2) (f) does not include—

(a) a requirement to produce a document or give information; or

(b) a requirement to help the authorised officer find and gain access to a document or information.

Note—

See sections 49 , 49A and 50AB for powers about requiring or directing a person to produce a document, provide information or help an authorised officer find and gain access to a document or information.

(5) Subsection (6) applies for the exercise of a power under subsection (2) by an authorised officer, in relation to a heavy vehicle, the transport of dangerous goods or a prescribed dangerous goods vehicle to decide if anything found at the place may be seized under division 3 .

(6) The authorised officer may move the thing to another place if—

(a) it is not practicable to exercise the power in relation to the thing at the place where it is found; or

(b) the occupier of the place where it is found consents in writing.

(7) If the power to enter arose only because an occupier of the place consented to the entry under this Act or under the Heavy Vehicle National Law (Queensland) , the authorised officer’s powers under subsection (2) are subject to any conditions of the consent and end if the consent is withdrawn.

(8) If the power to enter arose only because the entry was authorised under a warrant obtained under this Act or under the Heavy Vehicle National Law (Queensland) , the authorised officer’s powers under subsection (2) are subject to the terms of the warrant.