Queensland Consolidated Acts

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 31

31 Power to stop private vehicles

(1) An authorised officer, who is not a police officer, may require the person in control of a private vehicle to stop the vehicle--

(a) at a checkpoint--only if the vehicle is a type of vehicle that the officer is stopping at the checkpoint by reference to objective criteria that are part of a program approved under section 47; or
(b) if the officer reasonably believes the vehicle does not comply with a transport Act.

(2) In addition, an authorised officer may require the person in control of a private vehicle to stop the vehicle to find out whether the vehicle is carrying explosives within the meaning of the Explosives Act 1999 if--

(a) the officer is also an inspector under the Explosives Act 1999; and
(b) the officer reasonably believes the vehicle is carrying explosives within the meaning of the Explosives Act 1999.

(2A) However, an authorised officer who is not a police officer may make a requirement under subsection (1) or (2) during the day only.

(2B) Also, an authorised officer who is not a police officer and is not wearing a uniform approved by the chief executive may only exercise the powers of an authorised officer in relation to a private vehicle if the officer reasonably believes the vehicle is so dangerous as to be likely to cause the death of, or injury to, a person.

(3) A requirement may be made under subsection (1) or (2) in a way prescribed under a regulation.

(4) A person must comply with a requirement under subsection (1) or (2), unless the person has a reasonable excuse.

Maximum penalty--60 penalty units.

Example of a reasonable excuse--
It is a reasonable excuse for a person not to comply with a requirement if--
(a) the person reasonably believes that to immediately comply would endanger the person or someone else; and
(b) the person complies with the requirement at the first reasonable opportunity.

(5) A regulation may impose restrictions on the stopping of private vehicles by authorised officers who are not police officers.

(6) In this section--

day means the period between sunrise and sunset on the same day.



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