TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 35A Further powers to inspect and search prescribed dangerous goods vehicle

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

35A Further powers to inspect and search prescribed dangerous goods vehicle

(1) Without limiting sections 34 and 35 , this section applies to a prescribed dangerous goods vehicle, whether or not the prescribed dangerous goods vehicle is unattended, if it is stationary in a following place—

(a) a road or road-related area;

(b) a public place;

(c) another place occupied or owned by the State or a government entity;

(d) a prescribed place an authorised officer has entered under section 26 ;

(e) a place an authorised officer has entered under section 26A or 26B .

(2) An authorised officer may inspect the vehicle to check whether it complies with a transport Act or an alternative compliance scheme.

(3) Also, an authorised officer may search the vehicle to carry out a check as mentioned in subsection (2) if the authorised officer reasonably believes any of the following—

(a) the vehicle has been used, is being used, or is likely to be used, to commit an offence against a transport Act;

(b) the vehicle may have been involved in an incident involving injury to, or the death of, a person or damage to property;

(c) the vehicle has been or may have been involved in a situation that was a dangerous situation when it happened.

(4) An authorised officer may form the belief mentioned in subsection (3) whether or not the vehicle has been inspected under this Act.

(5) Without limiting subsection (2) or (3) , for exercising a power under the subsection, the authorised officer may do any or all of the following—

(a) enter the vehicle;

(b) exercise a power that an authorised officer may exercise under section 35 (2) (c) to (g) ;

(c) move, but not take away, anything in the vehicle that is not locked or sealed.

(6) An authorised officer may exercise a power under this section at any time and without the consent of the vehicle’s driver or anyone else.

(7) However, if an authorised officer has the belief mentioned in subsection (3) (b) in relation to the vehicle, the authorised officer—

(a) may exercise a power under this section in relation to the vehicle only if authorised to do so by a police officer of at least the rank of inspector; and

(b) without limiting paragraph (a) , may open unlocked doors and other unlocked panels and things in the vehicle for gaining entry to it under subsection (5) (a) .

(8) This section does not authorise an authorised officer to use force for exercising a power under this section.

(9) Also, an authorised officer may not exercise a power under this section in relation to a personal possession found in the vehicle.

(10) In this section—


"prescribed place" see section 33 (6) .


"transport Act" does not include the Queensland Road Rules .