Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 40

40 Power to seize evidence

(1) An authorised officer who enters a place under this part with the occupier’s consent, or who, as a person who is also an authorised officer under the Heavy Vehicle National Law (Queensland), enters a place under that Law with the occupier’s consent, may seize a thing in the place if—

(a) the officer reasonably believes the thing is evidence of an offence against a transport Act; and

(b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.

(2) An authorised officer who enters a place under this part with a warrant may seize the evidence for which the warrant was issued.

(3) In addition to any seizure provided for in subsections (1) and (2) , an authorised officer who enters a place under section 26 (1) of this Act, or who, as an authorised officer under the Heavy Vehicle National Law (Queensland) , enters a place under that Law, may seize anything at the place if the authorised officer reasonably believes—

(a) the thing is evidence of an offence against a transport Act; and

(b) the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence.

(4) An authorised officer who enters a vehicle under this part, or who, as a person who is also an authorised officer under the Heavy Vehicle National Law (Queensland), enters a vehicle under that Law, may seize anything in the vehicle if the officer reasonably believes the thing is evidence of an offence against a transport Act.

(5) Subject to subsection (2) , nothing in this section authorises an authorised officer to seize a digital device if—

(a) the officer reasonably believes a person has committed an offence under section 53 (2) or 126 (1) ; and

(b) in committing the offence a person used the device to store or display the following things, or an image or other design purporting to be the thing—

(i) a digital authority;

(ii) a digital evidence of age;

(iii) a digital evidence of identity.