Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 48

48 Power to require name and address

(1) This section applies if—

(a) an authorised officer finds a person committing an offence against a transport Act; or

(b) an authorised officer finds a person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has just committed an offence against a transport Act; or

Example of an offence against a transport Act—

an offence against the Queensland Road Rules , section 154 (1) or 156 (1)

(c) a vehicle is stationary on a road or has been stopped under section 32 .

(2) The officer may require the following person to state the person’s name and address—

(a) for subsection (1) (a) or (b) —the person mentioned in the relevant paragraph;

(b) for subsection (1) (c) —the person in control of the vehicle mentioned in the paragraph.

(3) When making the requirement, the officer must warn the person it is an offence to fail to state the person’s name or address, unless the person has a reasonable excuse.

(4) The officer may require the person to give evidence of the correctness of the stated name or address if the officer reasonably suspects the stated name or address is false.

Note—

See the Transport Planning and Coordination Act 1994 , sections 29AH and 29AI for the use of a digital authority, a digital evidence of age or a digital evidence of identity.

(5) A person must comply with a requirement under subsection (2) or (4) , unless the person has a reasonable excuse.

Penalty—

Maximum penalty—60 penalty units.

(6) A person does not commit an offence against subsection (5) if—

(a) the person was required to state the person’s name and address by an authorised officer who suspected the person had committed an offence against this Act; and

(b) the person is not proved to have committed the offence.

(7) In this section—

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