General powers#

47Power to set up checkpoints#

  1. (1)The chief executive may approve a program under which authorised officers may set up checkpoints to inspect motor vehicles to ensure the vehicles comply with a transport Act.

(2) Also, the chief executive may approve a program under which authorised officers who are also inspectors or authorised officers under the Explosives Act 1999 may set up checkpoints to inspect motor vehicles to ensure compliance with that Act.

  1. (3)Under an approved program, an authorised officer may set up a checkpoint on a road, or elsewhere with its occupier's consent.

48Power to require name and address#

  1. (1)This section applies if—
  2. (a)an authorised officer finds a person committing an offence against a transport Act; or
  3. (b)an authorised officer finds a person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has just committed an offence against a transport Act; or
  4. (c)a vehicle is stationary on a road or has been stopped under section 32.
  1. (2)The officer may require the following person to state the person's name and address—
  2. (a)for subsection (1)(a) or (b)—the person mentioned in the relevant paragraph;
  3. (b)for subsection (1)(c)—the person in control of the vehicle mentioned in the paragraph.
  4. (3)When making the requirement, the officer must warn the person it is an offence to fail to state the person's name or address, unless the person has a reasonable excuse.
  5. (4)The officer may require the person to give evidence of the correctness of the stated name or address if the officer reasonably suspects the stated name or address is false.
  1. (5)A person must comply with a requirement under subsection (2) or (4), unless the person has a reasonable excuse.
  2. (6)A person does not commit an offence against subsection (5) if—
  3. (a)the person was required to state the person's name and address by an authorised officer who suspected the person had committed an offence against this Act; and
  4. (b)the person is not proved to have committed the offence.
  5. (7)In this section—

Maximum penalty—60 penalty units.

transport Act
does not include the Tow Truck Act 2023.

48AAPower to require information from shared e-mobility providers#

  1. (1)This section applies if—
  2. (a)an authorised officer finds an electrically power-assisted cycle or personal mobility device (a relevant device) at a place; and
  3. (b)the authorised officer reasonably suspects the relevant device—
  4. (i)is parked at the place in a way that contravenes this Act; and
  5. (ii)is provided by a shared e-mobility provider in carrying on the provider's business as a shared e-mobility provider.
  6. (2)The authorised officer may require the shared e-mobility provider to give any of the following information in relation to the relevant device—
  7. (a)the name given by the person who was the last person to ride the relevant device (the last known rider) before the device was found by the authorised officer;
  8. (b)the last known rider's contact details;
  9. (c)the day and time the ride of the last known rider started and ended;
  10. (d)the place where the relevant device was parked at the end of the ride as recorded by the shared e-mobility provider;
  11. (e)any photograph of the relevant device at the place mentioned in paragraph (d) provided by the last known rider;
  12. (f)for a photograph mentioned in paragraph (e) that has metadata, the metadata relevant to—
  13. (i)the day and time the photograph was taken; and
  14. (ii)the place, if recorded in the metadata, where the photograph was taken;
  15. (g)any other information, including telemetry data issued by the relevant device, showing where the device was—
  16. (i)parked at the end of the ride by the last known rider; and
  17. (ii)found by the authorised officer;
  18. (h)details that identify the relevant device including, for example, the identification number or QR code of the relevant device.
  19. (3)When making a requirement under subsection (2), the authorised officer must warn the shared e-mobility provider it is an offence to fail to comply with the requirement unless the provider has a reasonable excuse.
  20. (4)The shared e-mobility provider must comply with a requirement under subsection (2), unless the provider has a reasonable excuse.

Maximum penalty—40 penalty units.

  1. (5)It is a reasonable excuse for the shared e-mobility provider to fail to give information under subsection (4) if giving the information might tend to incriminate the provider.
  2. (6)However, subsection (5) does not apply to an employee of the shared e-mobility provider for an alleged offence committed by the employee.
  3. (7)In this section—
information
includes a document.
shared e-mobility provider
means a person who carries on a business in which electrically power-assisted cycles or personal mobility devices are available to the public for loan or hire by using a publicly accessible electronic booking system.

48AFurther power to require personal details for exercising power in relation to transport of dangerous goods#

  1. (1)This section applies if—
  2. (a)an authorised officer finds a person committing a vehicle offence or dangerous goods offence; or
  3. (b)an authorised officer reasonably suspects a person has committed, or is about to commit, a vehicle offence or dangerous goods offence; or
  4. (c)an authorised officer reasonably suspects a person is or may be the driver or other person in control of a prescribed dangerous goods vehicle that has or may have been involved in an incident involving injury to, or death of, a person or damage to property; or
  5. (d)an authorised officer reasonably suspects a person is or may be any of the following and is or may be able to help in the investigation of a vehicle offence, suspected vehicle offence, dangerous goods offence or suspected dangerous goods offence—
  6. (i)for a vehicle offence or suspected vehicle offence involving a prescribed dangerous goods vehicle—a person involved in the transport of dangerous goods by the vehicle;

person involved in the transport of dangerous goods by the vehicle; (ii) for a dangerous goods offence or suspected dangerous goods offence—a person involved in the transport of the relevant dangerous goods.

  1. (2)The officer may require the person to state the person's personal details.
  2. (3)When making the requirement, the officer must warn the person it is an offence to fail to state the person's personal details, unless the person has a reasonable excuse.
  3. (4)The officer may require the person to give evidence of the correctness of the stated personal details if the officer reasonably suspects the stated personal details are false or misleading.
  1. (5)A person must comply with a requirement under subsection (2) or (4), unless the person has a reasonable excuse. Maximum penalty—45 penalty units.
  2. (6)Without limiting what may be a reasonable excuse for subsection (5), in a proceeding for an offence of contravening a requirement made under subsection (2) to state a business address, it is a defence if the person charged with the offence proves the person did not have a business address.
  3. (7)A person does not commit an offence against subsection (5) if—
  4. (a)the person was required to state the person's personal details by an authorised officer who suspected the person had committed a vehicle offence or dangerous goods offence; and
  5. (b)the person is not proved to have committed the offence.
  6. (8)In this section—
dangerous goods offence
means an offence against this Act that involves or relates to the transport of dangerous goods, other than a vehicle offence or an offence against the Queensland Road Rules.
personal details, of a person,
means 1 or more of the following— (a) the person's full name; (b) the person's date of birth; (c) the address where the person is living; (d) the address where the person usually lives; (e) the person's business address.
vehicle offence
means an offence against a transport Act that involves or relates to a prescribed dangerous goods vehicle, other than an offence against the Queensland Road Rules.

49Power to require documents to be produced#

  1. (1)Subject to subsections (2A) and (2B), an authorised officer may require a person to produce for inspection a document issued, or required to be kept by the person, under a transport Act or a corresponding law.
  1. (2)The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—45 penalty units.
  2. (2A)Unless subsection (2B) applies, only an authorised officer who is a police officer may require the driver of a private vehicle to produce his or her driver licence under subsection (1).
  3. (2B)An authorised officer who is not a police officer may require the driver of a private vehicle to produce his or her driver licence under subsection (1) if the officer reasonably believes the driver has just committed, or is committing, an offence against—
  4. (a)the Transport Infrastructure Act 1994, section 46; or
  5. (b)the Queensland Road Rules, section 100, 154(1) or 156(1).
  6. (2C)If a driver mentioned in subsection (2B) holds an open licence but is unable to comply with the requirement immediately, the driver may comply with the requirement by producing the licence to the chief executive, at a place nominated by the authorised officer, within 2 business days after the requirement is made.
  7. (2D)The place nominated under subsection (2C) must be an office of the department that is reasonable in the circumstances.
  8. (3)The officer may keep the document to make a note on it or copy it.
  9. (4)If the officer copies it, the officer may require the person responsible for keeping the document to certify the copy as a true copy of the document.
  10. (5)The person must certify the copy, unless the person has a reasonable excuse. Maximum penalty—45 penalty units.
  11. (6)The officer must return the document to the person as soon as practicable after making the note or copying it.
  12. (7)Despite subsections (3) and (6), a regulation may provide that an authorised officer may seize a document produced under subsection (1) if—
  13. (a)the document is a licence and the authorised officer reasonably believes any of the following—
  14. (i)the licence has been cancelled or suspended;
  15. (ii)the licence has ended;
  16. (iii)the licence has been amended and the amendment is not recorded on the licence;
  17. (iv)the person who produces the licence is not the licensee or is disqualified, however described, by an Australian court from holding or obtaining an Australian driver licence; or
  18. (b)the document purports to be a licence and the authorised officer reasonably believes the document is not a licence.
  19. (8)In this section—
transport Act
does not include the Tow Truck Act 2023.

49ADirection to provide information about transport of dangerous goods#

  1. (1)This section applies to a person involved in the transport of dangerous goods.
  2. (2)An authorised officer may, for compliance purposes, give the person a direction to provide information to the officer about the dangerous goods, a prescribed dangerous goods vehicle carrying or intended to be used for carrying the dangerous goods, or any other load or equipment carried or intended to be carried by the vehicle.
  3. (3)Without limiting subsection (2), a direction under that subsection may require a person who is associated with a particular vehicle to provide information about the current or intended journey of the vehicle, including, for example, the following—
  4. (a)the location of the start or intended start of the journey;
  5. (b)the route or intended route of the journey;
  6. (c)the location of the destination or intended destination of the journey.
  7. (4)In giving a direction under subsection (2) to a person, the authorised officer must warn the person it is an offence to fail to give the information, unless the person has a reasonable excuse.

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

Maximum penalty—45 penalty units.

It is a reasonable excuse for an individual to fail to give the information if giving the information might tend to incriminate the individual.

In this section—

compliance purposes
compliance purposes means— to find out whether this Act is being complied with; or to investigate a vehicle offence, suspected vehicle offence, dangerous goods offence, or a suspected dangerous goods offence.
dangerous goods offence
dangerous goods offence see section 48A(8).
vehicle offence
vehicle offence see section 48A(8).

50ABPower to require help to find and access particular documents or information#

An authorised officer may require a relevant person for a heavy vehicle or a person involved in the transport of dangerous goods to help the officer find and gain access to any documents or information to enable the officer to effectively exercise a power under any of the following provisions for monitoring or enforcing compliance with this Act—

  • section 30(2)(a) or (b)
  • section 30A(2) or (4)
  • section 35(2)(b) or (c)
  • section 35A(2) or (3)
  • section 40
  • section 40A.
  • a document required to be kept in the vehicle under a transport Act about the vehicle’s performance, specifications, capabilities or authorised operations
  • a weighing document for a container loaded on to the vehicle
  • a telephone record

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

Maximum penalty—90 penalty units.

For subsection (1), a relevant person for the heavy vehicle is—

  1. (a)a person in control of the vehicle; or
  2. (b)a person at a place entered by the authorised officer for exercising a power under this Act in relation to the heavy vehicle.

In this section—

information
information includes electronically stored information.
Source: TORUM Act 1995 · pages 104–114 Open PDF at this page Search this document