Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 35B

35B Further powers to access or download stored information or to decide if anything found in a prescribed dangerous goods vehicle may be seized

(1) Without limiting section 35 or 35A , this section applies to help an authorised officer who exercises a power in relation to a prescribed dangerous goods vehicle under section 35 or 35A —

(a) to access or download information contained on anything found in or at the vehicle; or

Example of information contained on a thing—

information contained on a disk, tape or other device

(b) to decide if anything found in the vehicle may be seized under division 3 .

(2) The authorised officer, or a person helping the authorised officer, may exercise the power by operating equipment that is—

(a) in or at the vehicle; or

(b) taken into the vehicle under section 35 (2) (g) ; or

(c) where the thing has been moved under subsection (4) .

(3) However, subsection (2) only applies if the authorised officer or person reasonably believes—

(a) the equipment is suitable for exercising the power; and

(b) the power can be exercised without damaging the equipment or thing.

(4) For exercising a power as mentioned in subsection (1) (b) , the authorised officer may move the thing to somewhere else if—

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

(b) the person in control of the vehicle consents in writing.