Division 1Powers for places#

26Entry to places#

An authorised officer may enter a place if— (a) its occupier consents to the entry; or (b) the entry is authorised by a warrant; or (c) it is mentioned in a licence or other document prescribed under a regulation as a place of business, or another place, required to be open to inspection and the entry is made when the place is— (i) open for the conduct of business or otherwise open for entry; or (ii) required under the licence or document to be open for inspection; or (d) for a place other than in a dwelling house— (i) the officer reasonably believes— (A) a vehicle is for sale in the place; and (B) the place is open for entry to anyone interested in purchasing the vehicle; and (ii) the entry is made between sunrise and sunset; or (e) the officer reasonably believes a dangerous situation exists in the place and it is necessary for the officer to enter it to take action under section 161N to prevent the danger.

An authorised officer, without the occupier's consent or a warrant, may— (a) enter a public place when the place is open to the public; or (b) enter the land around premises to ask its occupier for consent to enter the premises.

26AFurther power to enter place of business in relation to prescribed dangerous goods vehicle#

Without limiting section 26 but subject to section 26B, an authorised officer may enter a place of business of a person involved in the transport of dangerous goods at any time during the usual business hours of the business— (a) without the occupier's consent or a warrant; and (b) whether or not the place is actually being used at that time for carrying on the business; if the authorised officer has— (c) the suspicion mentioned in subsection (2); or (d) the belief and suspicion mentioned in subsection (3).

For subsection (1)(c), the authorised officer must reasonably suspect that there may be at the place— (a) a document relating to the transport of dangerous goods or a prescribed dangerous goods vehicle, that is required to be kept under a transport Act or alternative compliance scheme; or (b) a device relating to the transport of dangerous goods or a prescribed dangerous goods vehicle, that is required to be installed, used or maintained under a transport Act or alternative compliance scheme.

For subsection (1)(d), the authorised officer— (a) must reasonably believe that there may be at the place evidence of an offence, relating to the transport of dangerous goods or a prescribed dangerous goods vehicle, against a transport Act; and (b) must reasonably suspect the evidence may be concealed or destroyed unless the place is immediately entered and searched.

This section does not authorise an authorised officer, without the occupier's consent or a warrant, to enter— (a) a place that is apparently unattended, unless the officer reasonably believes the place is attended; or (b) a place, or any part of a place, used predominantly for residential purposes.

For subsection (4)(b), a place or part of a place is not used predominantly for residential purposes if it is used merely for temporary or casual sleeping or other accommodation for drivers of vehicles.

The authorised officer may open unlocked doors and other unlocked panels and things at the place for gaining entry to the place under subsection (1).

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

In this section—

place of business, of a person involved in the transport of dangerous goods

means a place— (a) at or from which the person carries on a business; or (b) that is occupied by the person in connection with a business carried on by the person.

transport Act does not include the Queensland Road Rules.

26BFurther power to enter particular places if incident involving death, injury or damage#

Without limiting section 26, an authorised officer, without the occupier's consent or a warrant, may enter a place at any time if the officer reasonably believes— (a) an incident involving the death of, or injury to, a person or damage to property involves or may have involved any of the following— (i) a prescribed dangerous goods vehicle; (ii) the transport of dangerous goods; and (b) the incident may have involved an offence against a transport Act; and (c) there is a connection between the place and the prescribed dangerous goods vehicle or the transport of dangerous goods; and (d) there may be at the place evidence of the offence mentioned in paragraph (b) that may be concealed or destroyed unless the place is immediately entered and searched.

However, if the authorised officer is not a police officer, the authorised officer may enter the place only if the entry is authorised by a police officer of at least the rank of inspector.

For subsection (1), there is a connection between a place and a prescribed dangerous goods vehicle if— (a) the place is the vehicle's garage address; or (b) the vehicle is, or within the past 72 hours has been, located at the place; or (c) the place is, or may be, otherwise directly or indirectly connected with the vehicle or any part of its equipment or load.

For subsection (1), there is a connection between a place and the transport of dangerous goods if—

1. (a)dangerous goods were transported to or from the place within the period of 72 hours before the proposed entry to the place; or
2. (b)the place is, or may be, otherwise directly or indirectly connected with the dangerous goods.

Section 26A(4) to (7) applies to the entry to a place by an authorised officer under this section.

In this section—

transport Act

transport Act does not include the Queensland Road Rules.

27Consent to entry#

This section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another officer entering the place.

Before asking for the consent, the officer must inform the occupier—

1. (a)of the purpose of the entry; and
2. (b)that the occupier is not required to consent.

If the consent is given, the officer may ask the occupier to sign an acknowledgement of the consent.

The acknowledgement must state—

1. (a)the purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry; and
2. (b)that the following have been explained to the occupier—
3. (i)the purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry;
4. (ii)that the occupier is not required to consent; and
5. (c)that the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and
6. (d)the time and day the consent was given; and
7. (e)any conditions of the consent.

If the occupier signs an acknowledgement of consent, the officer must immediately give a copy to the occupier.

Subsection (7) applies to a court if—

1. (a)a question arises, in a proceeding in or before the court, whether the occupier of a place consented to an authorised officer entering the place under this Act; and
2. (b)an acknowledgement under this section is not produced in evidence for the entry; and
3. (c)it is not proved that the occupier consented to the entry.

The court may presume that the occupier did not consent.

28Warrants to enter#

An authorised officer may apply to a magistrate for a warrant to enter a place.

The application must be sworn and state the grounds on which the warrant is sought.

The magistrate may refuse to consider the application until the officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

The magistrate may issue a warrant if satisfied there are reasonable grounds for suspecting—

1. (a)there is a particular thing or activity (the evidence) that may provide evidence of an offence against a transport Act; and
2. (b)the evidence is, or may be within the next 7 days, at the place.

The magistrate may also issue a warrant if the magistrate is satisfied that—

1. (a)either of the following apply in relation to a particular place—
2. (i)a vehicle that has been or may have been involved in a dangerous situation is or has been located at the place; or
3. (ii)the place is or may be otherwise connected, directly or indirectly, with a vehicle that has been or may have been involved in a dangerous situation; and
4. (b)there is evidence at the place (including for paragraph (a)(i), the vehicle itself) that is relevant to the exercise of powers under this Act relating to dangerous situations.

The warrant must state—

1. (a)that an authorised officer may, with necessary and reasonable help and force, enter the place and exercise the officer’s powers under this Act; and
2. (b)the offence for which the warrant is sought; and
3. (c)the evidence that may be seized under the warrant; and
4. (d)the hours when the place may be entered; and
5. (e)the date, within 7 days after the warrant’s issue, the warrant ends.

In this section—

transport Act

transport Act does not include the Tow Truck Act 2023.

29Warrants—applications made other than in person#

An authorised officer may apply for a warrant by phone, fax, radio or another form of communication if the officer considers it necessary because of—

1. (a)urgent circumstances; or
2. (b)other special circumstances, including, for example, the officer’s remote location.

Before applying for the warrant, the officer must prepare an application stating the grounds on which the warrant is sought.

The officer may apply for the warrant before the application is sworn.

After issuing the warrant, the magistrate must immediately fax a copy to the officer if it is reasonably practicable to fax a copy.

If it is not reasonably practicable to fax a copy to the officer—

1. (a)the magistrate must—
2. (i)tell the officer what the terms of the warrant are; and
3. (ii)tell the officer the date and time the warrant was issued; and
4. (b)the officer must complete a form of warrant (warrant form) and write on it—
5. (i)the magistrate’s name; and
6. (ii)the date and time the magistrate issued the warrant; and
7. (iii)the warrant’s terms.

The facsimile warrant, or the warrant form properly completed by the officer, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.

The officer must, at the first reasonable opportunity, send the magistrate—

1. (a)the sworn application; and
2. (b)if the officer completed a warrant form—the completed warrant form.

On receiving the documents, the magistrate must attach them to the warrant.

Subsection (10) applies to a court if—

• (a) a question arises, in a proceeding in or before the court, whether a power exercised by an authorised officer was not authorised by a warrant issued under this section; and
• (b) the warrant is not produced in evidence.

The court must presume that the exercise of the power was not authorised by a warrant issued under this section, unless the contrary is proved.

29APost-entry approval#

As soon as reasonably practicable after exercising evidence preservation powers, an authorised officer must apply in writing to a magistrate for an order approving the exercise of the powers (post-entry approval order).

The application must be sworn and state the grounds on which it is sought.

The authorised officer need not appear at the consideration of the application, unless the magistrate otherwise requires.

The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

29BMaking of post-entry approval order#

A magistrate may make a post-entry approval order only if satisfied—

• (a) in the circumstances existing before the exercise of the evidence preservation powers for which the order is sought—
• (i) the authorised officer, before exercising the powers, had the required suspicion or belief for exercising them; and
• (ii) there was a reasonable likelihood that the evidence for which the powers were exercised would be concealed or destroyed; or
• (b) having regard to the nature of the evidence found during the exercise of the powers, it is in the public interest to make the order.

29CAppeal#

Within 28 days after a magistrate refuses to make a post-entry approval order (the appeal period), the chief executive may appeal against the magistrate’s order to the Supreme Court.

If the chief executive appeals, the chief executive must retain any seized thing until the appeal is decided.

If the chief executive does not appeal, the chief executive must, immediately the appeal period ends, return any seized thing to the person from whom it was seized.

In this section—

seized thing

means a thing seized by an authorised officer in the exercise of the evidence preservation powers for which the post-entry approval order was sought.

30General powers after entering places#

This section applies to an authorised officer if—

• (a) the authorised officer enters a place under section 26(1); or
• (b) the authorised officer is also an authorised officer under the Heavy Vehicle National Law (Queensland) and enters a place under that Law.

The officer may, for monitoring or enforcing compliance with this Act—

• (a) search any part of the place; or
• (b) inspect, measure, weigh, test, photograph or film the place or anything in the place; or
• (c) take samples of anything in the place; or
• (d) copy, or take an extract from, a document in the place; or
• (e) take the persons, equipment and materials the officer reasonably requires for exercising a power under this Act into the place; or
• (f) require a person in the place to give the officer reasonable help to exercise the powers mentioned in paragraphs (a) to (e).

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

Maximum penalty—60 penalty units.

A requirement under subsection (2)(f) does not include—

• (a) a requirement to produce a document or give information; or
• (b) a requirement to help the authorised officer find and gain access to a document or information.

Subsection (6) applies for the exercise of a power under subsection (2) by an authorised officer, in relation to a heavy vehicle, the transport of dangerous goods or a prescribed dangerous goods vehicle to decide if anything found at the place may be seized under division 3.

The authorised officer may move the thing to another place if—

• (a) it is not practicable to exercise the power in relation to the thing at the place where it is found; or
• (b) the occupier of the place where it is found consents in writing.

If the power to enter arose only because an occupier of the place consented to the entry under this Act or under the Heavy Vehicle National Law (Queensland), the authorised officer’s powers under subsection (2) are subject to any conditions of the consent and end if the consent is withdrawn.

If the power to enter arose only because the entry was authorised under a warrant obtained under this Act or under the Heavy Vehicle National Law (Queensland), the authorised officer’s powers under subsection (2) are subject to the terms of the warrant.

30AFurther powers after entering place under s 26A or 26B#

This section applies to an authorised officer who enters a place under section 26A or 26B.

If the authorised officer enters the place because the authorised officer has the suspicion mentioned in section 26A(2), the authorised officer may do either or both of the following—

• (a) inspect—
• (i) a document that is required to be kept under a transport Act or an alternative compliance scheme; or a device that is required to be installed, used or maintained under a transport Act or an alternative compliance scheme;

1. (b)copy, or take an extract from, any or all of the following that are at the place—
2. (i)a document mentioned in paragraph (a)(i);
3. (ii)a readout or other data obtained from a device mentioned in paragraph (a)(ii).

1. (3)Subsection (4) applies if the authorised officer enters the place to obtain evidence of an offence against a transport Act because—
2. (a)the authorised officer has the belief and suspicion mentioned in section 26A(3) in relation to the evidence; or
3. (b)the authorised officer has the belief mentioned in section 26B(1) in relation to the evidence.

1. (4)The authorised officer may, for obtaining evidence of an offence against a transport Act, do any or all of the following—
2. (a)search any part of the place;
3. (b)inspect anything in the place, including, for example, dangerous goods or packaging at the place;
4. (c)copy, or take an extract from, any or all of the following in the place—
5. (i)a document mentioned in subsection (2)(a)(i);
6. (ii)transport documentation;
7. (iii)a document, or a readout or other data obtained from anything, that the authorised officer reasonably believes provides, or on further inspection may provide, evidence of the offence.

1. (5)For exercising a power under subsection (2)(b) or (4)(c), the authorised officer may use photocopying equipment in the place free of charge.

1. (6)Also, for exercising a power under subsection (2) or (4), the authorised officer may—
2. (a)take the persons, equipment and materials the authorised officer reasonably requires for exercising the power into the place; or
3. (b)if the exercising of the power is because of a suspicion mentioned in section 26A(2) or a belief and suspicion mentioned in section 26A(3)—require a person involved in the transport of dangerous goods in relation to which the power is to be exercised to give the authorised officer reasonable help to exercise the power, whether or not the person is in or at the place.

1. (7)A person must comply with a requirement made under subsection (6)(b), unless the person has a reasonable excuse.

Maximum penalty—60 penalty units.

1. (8)A requirement under subsection (6)(b) does not include—
2. (a)a requirement to produce a document or give information; or
3. (b)a requirement to help the authorised officer find and gain access to a document or information.

1. (9)Subsection (10) applies for the exercise of a power by an authorised officer under subsection (4) to decide if anything found at the place may be seized under division 3.

1. (10)The authorised officer may move the thing to another place if—
2. (a)it is not practicable to exercise the power in relation to the thing at the place where it is found; or
3. (b)the occupier of the place where it is found consents in writing.

In this section—

transport Act does not include the Queensland Road Rules.

30BUsing equipment for exercising power#

1. (1)This section applies for the exercise of a power under section 30 or 30A in relation to a thing found in a place entered under this Act.

1. (2)An authorised officer, or a person helping the authorised officer, may operate available equipment if the authorised officer or person reasonably believes—
2. (a)the available equipment is suitable for exercising the power; and
3. (b)the power can be exercised without damaging the available equipment or the thing.

In this section—

available equipment

for exercising a power in relation to a thing— (a) means equipment that is— (i) in or at the place in which the thing is found; or (ii) taken onto the place under section 30(2)(e) or 30A(6)(a); or (iii) in another place to which the thing has been moved under section 30(6) or 30A(10); and (b) includes electronic equipment for accessing information contained on a thing found in or at the place.