Division 3Power to seize evidence#

40Power to seize evidence#

  1. (1)An authorised officer who enters a place under this part with the occupier’s consent, or who, as a person who is also an authorised officer under the Heavy Vehicle National Law (Queensland), enters a place under that Law with the occupier’s consent, may seize a thing in the place if—
  2. (a)the officer reasonably believes the thing is evidence of an offence against a transport Act; and
  3. (b)seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.
  4. (2)An authorised officer who enters a place under this part with a warrant may seize the evidence for which the warrant was issued.
  5. (3)In addition to any seizure provided for in subsections (1) and (2), an authorised officer who enters a place under section 26(1) of this Act, or who, as an authorised officer under the Heavy Vehicle National Law (Queensland), enters a place under that Law, may seize anything at the place if the authorised officer reasonably believes—
  6. (a)the thing is evidence of an offence against a transport Act; and
  7. (b)the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence.
  8. (4)An authorised officer who enters a vehicle under this part, or who, as a person who is also an authorised officer under the Heavy Vehicle National Law (Queensland), enters a vehicle under that Law, may seize anything in the vehicle if the officer reasonably believes the thing is evidence of an offence against a transport Act.
  9. (5)Subject to subsection (2), nothing in this section authorises an authorised officer to seize a digital device if—
  10. (a)the officer reasonably believes a person has committed an offence under section 53(2) or 126(1); and
  11. (b)in committing the offence a person used the device to store or display the following things, or an image or other design purporting to be the thing—
  12. (i)a digital authority;
  13. (ii)a digital evidence of age;
  14. (iii)a digital evidence of identity.

40AFurther powers to seize evidence in relation to particular vehicles#

  1. (1)An authorised officer who enters a place—
  2. (a)because the officer has the belief and suspicion mentioned in section 26A(3); or
  3. (b)under section 26B;
  4. 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.
  5. (2)Subsection (3) applies if, under this part, an authorised officer, or a person helping the officer—
  6. (a)either—
  7. (i)enters a place in relation to a heavy vehicle, a prescribed dangerous goods vehicle or the transport of dangerous goods; or
  8. (ii)enters or inspects a heavy vehicle or prescribed dangerous goods vehicle; and
  9. (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.
  10. (3)The authorised officer or person may—
  11. (a)put the information in documentary form and seize the document; or
  12. (b)copy the information from the original information storage device to another information storage device and seize the other information storage device; or
  13. (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—
  14. (i)it is not practicable to take action, at the place or vehicle, under paragraph (a) or (b) in relation to the information; and
  15. (ii)the officer or person reasonably believes the device and equipment can be seized without being damaged.
  16. (3A)Nothing in this section authorises an authorised officer to seize a digital device if—
  17. (a)the officer reasonably believes a person has committed an offence under section 53(2) or 126(1); and
  18. (b)in committing the offence a person used the device to store or display the following things, or an image or other design purporting to be the thing—
  19. (i)a digital authority;
  20. (ii)a digital evidence of age;
  21. (iii)a digital evidence of identity.
  22. (4)In this section—
transport Act
does not include the Queensland Road Rules.

41Powers supporting seizure#

  1. (1)Having seized a thing under this division, an authorised officer may—
  2. (a)move the thing from the place or vehicle where it was seized (the place of seizure); or
  3. (b)leave the thing at the place of seizure but take reasonable action to restrict access to it.
  • sealing a thing and marking it to show access to it is restricted
  • sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted
  1. (2)If an authorised officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with it without an authorised officer’s approval.

Maximum penalty—60 penalty units.

  1. (3)To enable a thing to be seized, an authorised officer may require the person in control of it to take it to a stated reasonable place by a stated reasonable time.
  2. (4)The requirement—
  3. (a)must be made by notice in the approved form; or if for any reason it is not practicable to give the notice—may be made orally and confirmed by notice in the approved form as soon as practicable.
  1. (5)The person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—60 penalty units.

42Receipt for seized things#

  1. (1)As soon as practicable after an authorised officer seizes a thing, the officer must give a receipt for it to the person from whom it was seized.
  2. (2)However, if for any reason it is not practicable to comply with subsection (1), the officer must leave the receipt at the place of seizure, in a reasonably secure way and in a conspicuous position.
  3. (3)An authorised officer need not give a receipt for a seized thing if—
  4. (a)the thing is unattended when seized; and
  5. (b)the officer does not know who the owner of the thing is; and
  6. (c)the officer can not find the owner after making reasonable inquiries (given the thing’s value).
  7. (4)The receipt must generally describe each thing seized and its condition.

43Forfeiture of seized things#

  1. (1)A seized thing is forfeited to the State if the chief executive or commissioner—
  2. (a)can not find its owner after making reasonable inquiries (given the thing’s value); or
  3. (b)is unable, after making reasonable efforts, to return it to its owner; or
  4. (c)reasonably believes—
  5. (i)possession of the thing is an offence against a transport Act; or
  6. (ii)it is necessary to keep the thing to prevent it being used to commit an offence against a transport Act; or
  7. (iii)the thing does not comply with a transport Act and can not be repaired or otherwise changed to comply with a transport Act; or
  8. (iv)the thing is inherently unsafe.
  9. (2)If the chief executive or commissioner decides to forfeit a thing under subsection (1)(c), the chief executive or commissioner must inform the owner of the thing of the decision by written notice.
  10. (3)Subsection (2) does not apply if the chief executive or commissioner can not find the owner after making reasonable inquiries (given the thing’s value).
  11. (4)The notice must state—
  12. (a)the reasons for the decision; and
  13. (b)the prescribed review information for the decision.

44Dealing with forfeited things#

  1. (1)On the forfeiture of a thing—
  2. (a)it becomes the State’s property; and
  3. (b)it may be dealt with as the chief executive or commissioner considers appropriate.
  4. (2)The chief executive or commissioner must not deal with the thing until any review of, or appeal against, the decision to forfeit the thing is decided.

45Access to seized things#

  1. (1)Until a seized thing is forfeited or returned, an authorised officer must allow its owner—
  2. (a)to inspect it; or
  3. (b)if it is a document—to copy it.
  4. (2)Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.

46Return of seized things#

  1. (1)If a seized thing has not been forfeited, the chief executive or commissioner must return it to its owner at the end of—
  2. (a)6 months; or
  3. (b)if a proceeding for an offence involving it is started within the 6 months—the proceeding and any appeal from the proceeding.
  4. (2)Despite subsection (1), the authorised officer must return the seized thing to its owner immediately the officer stops being satisfied—
  5. (a)its retention as evidence of an offence against a transport Act is necessary; or
  6. (b)for equipment seized under section 40A(3)(c)—the equipment is needed to access the information.
  7. (3)Despite subsections (1) and (2), if the chief executive or the commissioner (the official) gave the seized thing to an external public authority under section 168B, the official must ensure the seized thing is returned to its owner as soon as practicable after the official is satisfied its retention as evidence for the external public authority’s law enforcement purposes is no longer necessary.
Source: TORUM Act 1995 · pages 93–99 Open PDF at this page Search this document