Queensland Consolidated Acts

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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 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) An authorised officer may also seize anything else in a place mentioned in subsection (1) or (2) if the 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, destroyed or used to continue or repeat the offence.

(4) An authorised officer who enters a vehicle under this part may seize anything in the vehicle if the officer reasonably believes the thing is evidence of an offence against a transport Act.



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