Queensland Consolidated Acts

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 40A

40A Further powers to seize evidence in relation to particular vehicles

(1) An authorised officer who enters a place--

(a) because the officer has the belief and suspicion mentioned in section 26A(3) or (3B); or
(b) under section 26B;

may seize a document, device or other thing that is in the place if the officer reasonably believes it is, or may provide, evidence of an offence against a transport Act.

(2) Subsection (3) applies if, under this part, an authorised officer, or a person helping the officer--

(a) either--
(i) enters a place in relation to a heavy vehicle, a prescribed dangerous goods vehicle or the transport of dangerous goods; or
(ii) enters or inspects a heavy vehicle or prescribed dangerous goods vehicle; and
(b) finds a disk, tape or other storage device (the original information storage device) containing information the authorised officer reasonably believes is relevant to decide whether a transport Act or an alternative compliance scheme has been contravened.

(3) The authorised officer or person may--

(a) put the information in documentary form and seize the document; or
(b) copy the information from the original information storage device to another information storage device and seize the other information storage device; or
(c) seize the original information storage device and any equipment at the place or vehicle necessary for accessing the information contained in the device if--
(i) it is not practicable to take action, at the place or vehicle, under paragraph (a) or (b) in relation to the information; and
(ii) the officer or person reasonably believes the device and equipment can be seized without being damaged.

(4) In this section--

transport Act does not include the Queensland Road Rules.



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