Queensland Consolidated Acts

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

48A Further power to require personal details for exercising power in relation to transport of dangerous goods

(1) This section applies if—

(a) an authorised officer finds a person committing a vehicle offence or dangerous goods offence; or

(b) an authorised officer reasonably suspects a person has committed, or is about to commit, a vehicle offence or dangerous goods offence; or

(c) an authorised officer reasonably suspects a person is or may be the driver or other person in control of a prescribed dangerous goods vehicle that has or may have been involved in an incident involving injury to, or death of, a person or damage to property; or

(d) an authorised officer reasonably suspects a person is or may be any of the following and is or may be able to help in the investigation of a vehicle offence, suspected vehicle offence, dangerous goods offence or suspected dangerous goods offence—

(i) for a vehicle offence or suspected vehicle offence involving a prescribed dangerous goods vehicle—a person involved in the transport of dangerous goods by the vehicle;

(ii) for a dangerous goods offence or suspected dangerous goods offence—a person involved in the transport of the relevant dangerous goods.

(2) The officer may require the person to state the person’s personal details.

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

(4) The officer may require the person to give evidence of the correctness of the stated personal details if the officer reasonably suspects the stated personal details are false or misleading.

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—45 penalty units.

(6) Without limiting what may be a reasonable excuse for subsection (5) , in a proceeding for an offence of contravening a requirement made under subsection (2) to state a business address, it is a defence if the person charged with the offence proves the person did not have a business address.

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

(a) the person was required to state the person’s personal details by an authorised officer who suspected the person had committed a vehicle offence or dangerous goods offence; and

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

(8) In this section—

"dangerous goods offence" means an offence against this Act that involves or relates to the transport of dangerous goods, other than a vehicle offence or an offence against the Queensland Road Rules .

"personal details" , of a person, means 1 or more of the following—

(a) the person’s full name;

(b) the person’s date of birth;

(c) the address where the person is living;

(d) the address where the person usually lives;

(e) the person’s business address.

"vehicle offence" means an offence against a transport Act that involves or relates to a prescribed dangerous goods vehicle, other than an offence against the Queensland Road Rules .