Minister: Minister for Transport and Main Roads
Agency: Department of Transport and Main Roads


Transport Operations (Road Use Management) Act 1995


Queensland Crest
Transport Operations (Road Use Management) Act 1995

An Act about road management and other purposes related to transport

Chapter 1 Preliminary

1Short title

This Act may be cited as the Transport Operations (Road Use Management) Act 1995.

3Objectives

(1)The overall objectives of this Act are, consistent with the objectives of the Transport Planning and Coordination Act 1994, to—
(a)provide for the effective and efficient management of road use in the State; and
(b)provide a scheme for managing the use of the State’s roads that will—
(i)promote the effective and efficient movement of people, goods and services; and
(ii)contribute to the strategic management of road infrastructure in ways consistent with the Transport Infrastructure Act 1994; and
(iii)improve road safety and the environmental impact of road use in ways that contribute to overall transport effectiveness and efficiency; and
(iv)support a reasonable level of community access and mobility in support of government social justice objectives; and
(c)provide for the effective and efficient management of vehicle use in a public place.
(2)This Act establishes a scheme to allow—
(a)identification of vehicles, drivers and road users; and
(b)establishment of performance standards for vehicles, drivers and road users; and
(c)establishment of rules for on-road behaviour; and
(d)monitoring of compliance with this Act, including by using alternative compliance schemes; and
(e)management of non-performing vehicles, drivers and road users; and
(f)control of access to the road network, or parts of the road network, for vehicles, drivers and road users; and
(g)management of traffic to enhance safety and transport efficiency.
(3)It is acknowledged that the objectives as stated in subsection (1), and the scheme as outlined in subsection (2), are limited in their application to heavy vehicles to the extent that the national scheme for facilitating and regulating the use of heavy vehicles on roads, having effect in Queensland as the Heavy Vehicle National Law (Queensland), applies to heavy vehicles in the place of this Act.

s 3 amd 1997 No. 66 s 110; 2013 No. 26 s 38

4Achieving an appropriate balance between safety and cost

(1)Although it may be possible to regulate to achieve the highest level of safety, doing so would ignore the impact of the regulation on the effectiveness and efficiency of road use.
(2)Therefore, this Act acknowledges the need to achieve an appropriate balance between safety, and the costs that regulation imposes on road users and the community.

5Definitions—the dictionary

(1)A dictionary in schedule 4 defines particular words used in this Act.
(2)Definitions found elsewhere in the Act are signposted in the dictionary.

s 5 amd 1999 No. 42 s 54 (2) sch amdt 168

6Act binds everyone, including government entities

(1)In this section—
government entity includes—
(a)the State, the Commonwealth or another State; or
(b)an instrumentality or agent of the State, the Commonwealth or another State.
(2)This Act binds everyone, including every government entity.
(3)However, a regulation may exempt a government entity from this Act or a provision of this Act.

Chapter 2 Responsibilities for road use management strategies and programs

Part 1 Road use management strategies

7Development of strategies

(1)The chief executive must, from time to time, develop for the Minister’s approval a road use management strategy designed to give effect to the transport coordination plan in accordance with this Act’s objectives.
(2)In developing a road use management strategy, the chief executive must take reasonable steps to engage in public consultation.
(3)The Minister may, at any time, direct the chief executive—
(a)to prepare a new road use management strategy for the Minister’s approval; or
(b)to amend a road use management strategy.
(4)The Minister may—
(a)approve a road use management strategy submitted for approval; or
(b)require the chief executive to amend a road use management strategy submitted for approval.

8Contents of strategies

(1)A road use management strategy must include—
(a)a statement of the specific objectives to be achieved; and
(b)road use management initiatives; and
(c)criteria for deciding priorities for government spending on road use management initiatives; and
(d)appropriate performance indicators for deciding whether, and to what extent, the strategy’s objectives have been achieved.
(2)A road use management strategy must aim to provide an adequate framework for coordinating and integrating road use management policies as between the different transport modes and levels of government.
(3)A road use management strategy may also take into account agreements about transport between the State and the Commonwealth, a local government or another State.
(4)If there is an integrated regional transport plan under the Transport Planning and Coordination Act 1994 for an area, a road use management strategy for the area must not be inconsistent with, and must give effect to, the plan.

s 8 amd 1995 No. 48 s 15; 2008 No. 32 s 106; 2012 No. 31 s 33 sch

9Tabling of strategies

The Minister must table a copy of each road use management strategy, and each amendment of a road use management strategy, approved by the Minister in the Legislative Assembly within 5 sitting days after it is approved.

Part 2 Road use implementation programs

10Development of programs

(1)Before the start of each financial year, the chief executive must develop, for the Minister’s approval, a road use implementation program for the year and for 1 or more later years.
(2)A road use implementation program must include—
(a)a statement of the policies, projects and financial provisions for implementing the road use management strategy; and
(b)a statement of the performance targets to be achieved.
(3)A road use implementation program may include a proposal to spend an amount not directly related to road use, if the proposal would contribute to the effectiveness and efficiency of road use management.
(4)In developing a road use implementation program, the chief executive must take reasonable steps to engage in public consultation.
(5)A road use implementation program must be made available to the public in the way decided by the Minister.
(6)The Minister may, at any time, direct the chief executive to amend a road use implementation program.
(7)The Minister may—
(a)approve a road use implementation program submitted for approval; or
(b)require the chief executive to amend a road use implementation program submitted for approval.

11Consistency with strategies

(1)Subject to the Minister’s directions, a road use implementation program must be consistent with a road use management strategy.
(2)If the Minister’s directions result in a road use implementation program being inconsistent with a road use management strategy, the Minister must table a copy of the directions in the Legislative Assembly within 5 sitting days after they are given.

12Report on operation of programs

Each annual report of the department must include a report on the implementation of the road use implementation program during the year of the report.

Part 3 Guidelines

13Guidelines

(1)This section applies to the Minister and chief executive in developing and implementing policies about road use management, and in exercising powers under this Act.
(2)The Minister and chief executive must endeavour to—
(a)achieve an appropriate balance between safety, and the costs that regulation imposes on road users and the community; and
(b)establish the benefits and costs of policy alternatives; and
(c)take account of national and international benchmarks and best practice; and
(d)promote efficiency, affordable quality and cost-effectiveness; and
(e)ensure competition is not unjustifiably restricted; and
(f)ensure accountability for, and transparency of, decisions affecting road use.
(3)Each annual report of the department must include a report on how effect has been given to this section during the year of the report.

Part 4 Objectives

14Objectives

(1)The following objectives are, as far as practicable, to be applied by anyone wanting to encourage a high level of road user performance and compliance with this Act—
(a)information about their obligations under this Act should be made available to road users;
(b)voluntary compliance should be sought in preference to enforcement;
(c)enforcement should be aimed primarily at deterring noncompliance by road users;
(d)enforcement strategies should, accordingly, try to increase road users’ perceptions of the risk of being detected if they offend;
(e)measures aimed at encouraging compliance should—
(i)target the road users who are least likely to comply with this Act; and
(ii)try to avoid imposing costs on the road users who are likely to comply voluntarily;
(f)appropriate alternative compliance schemes should be used as a way of demonstrating compliance.
(2)Preventing the continued commission of offences and imposing appropriate penalties should be seen as objectives that support the other objectives in subsection (1).

Chapter 3 Road user performance and compliance

Part 1 Alternative compliance

ch 3 pt 1 hdg sub 1998 No. 33 s 20

15Alternative ways of complying with Act

(1)A person who operates a vehicle (an operator) may apply to the chief executive for approval of a scheme (an alternative compliance scheme) for an alternative way to comply with a provision of this Act that is prescribed under a regulation.
(2)The regulation must prescribe the purpose of the prescribed provision.
(3)An application for approval of an alternative compliance scheme must be in writing.
(4)The chief executive may approve an alternative compliance scheme only if satisfied it provides an effective way of demonstrating the operator’s vehicles, or drivers operating under it in Queensland, achieve the prescribed purpose.
(5)The chief executive may approve the scheme by written notice to the operator.
(6)The approval may be given on conditions stated in it and operates for the period stated in it.
(7)The prescribed provision does not apply to the operator’s vehicles or drivers as provided under the scheme while—
(a)an approval is in force for the operator; and
(b)the operator complies with the scheme, including the conditions of its approval.
(8)In this section—
interstate scheme means a scheme approved as an alternative compliance scheme under a corresponding law to this part.
scheme includes an interstate scheme.
vehicle means a private vehicle or a prescribed vehicle.

s 15 sub 1998 No. 33 s 20

amd 2013 No. 26 s 39

16[Repealed]

s 16 om 1998 No. 33 s 20

17[Repealed]

s 17 om 1998 No. 33 s 20

Part 1A Approvals

ch 3 pt 1A hdg ins 1997 No. 66 s 111

17AMeaning of approval for pt 1A

(1)This section applies for part 1A.
(2)An approval includes an accreditation, administrative determination, certificate, consent, exemption, licence, permit and registration given or granted by the chief executive under this Act.
(3)However, an approval does not include the following—
(a)an approval under section 166;
(b)a Queensland driver licence;
(c)an authorised scheme under chapter 5, part 7A;
(d)the authorisation, under chapter 5, part 7A, of a person to perform a role under an authorised scheme;
(e)an exemption under section 153.
(4)Despite subsection (3)(b), an approval includes an interlock exemption.

s 17A ins 1997 No. 66 s 111

amd 1999 No. 42 ss 27, 48; 2005 No. 49 s 58; 2008 No. 67 s 40

sub 2010 No. 13 s 11

17BGranting, renewing or refusing approval

(1)A regulation may provide for the granting or renewing of, or refusing to grant or renew, an approval, other than an approval for an alternative compliance scheme under section 15.
(2)Without limiting subsection (1), a regulation may authorise the chief executive to refuse to grant or renew an approval prescribed under a regulation, other than a permit under section 111, if the applicant for or holder of an approval, or a relevant person for the applicant or holder within the meaning of section 17C(3), has been—
(a)convicted of a disqualifying offence; or
(b)charged with a disqualifying offence and the charge has not been finally disposed of.
(3)In this section—
grant includes issue.

s 17B ins 1997 No. 66 s 111

amd 2001 No. 79 s 91

sub 2007 No. 6 s 49

amd 2008 No. 67 s 293

17CChief executive may obtain information from commissioner

(1)This section applies if a regulation made under section 17B authorises the chief executive to grant or renew an approval.
(2)The chief executive may ask the commissioner for a written report about the criminal history of any of the following persons—
(a)the applicant for or holder of the approval;
(b)a relevant person for the applicant for or holder of the approval.
(3)For subsection (2)(b), a person is a relevant person for the applicant for or holder of an approval—
(a)if the applicant or holder is a corporation and the person is an executive officer of the corporation; or
(b)if the approval is an AIS approval and the person is a person who, under a regulation—
(i)has been nominated by the applicant or holder to be a nominee for the applicant or holder; and
(ii)has agreed to the nomination; or
(c)if the approval is an approval as a registered service provider and the person is a person who, under a regulation—
(i)has been nominated by the applicant or holder to sign declarations for the applicant or holder about another person’s competency for riding a motorbike; and
(ii)has agreed to the nomination.
(4)For subsection (2), the chief executive’s request may include the following information—
(a)the person’s name and any other name the chief executive believes the person may use or may have used;
(b)the person’s gender and date and place of birth;
(c)details of the person’s driver licence;
(d)details of the person’s application or approval.
(5)If requested, the commissioner must give the chief executive a written report about the criminal history of a person mentioned in subsection (2)—
(a)that is in the commissioner’s possession; or
(b)to which the commissioner ordinarily has access through arrangements with the police service of the Commonwealth or another State.
(6)In this section—
AIS approval means an approval granted under a regulation that authorises its holder to operate a station (whether fixed or mobile) at which—
(a)vehicles may be inspected for compliance with vehicle standards under a regulation made under section 148; or
(b)heavy vehicles may be inspected for compliance with heavy vehicle standards under the national regulations (HVNL).
nominee, for an AIS approval, has the meaning given by a regulation made under section 148.
registered service provider means a person registered under a regulation to provide training to, and assess the competency of, persons learning how to ride a motorbike or particular class of motorbike.

s 17C ins 2007 No. 6 s 49

amd 2008 No. 67 s 294; 2013 No. 26 s 40

17DNotice of change in police information about a person

(1)This section applies if—
(a)the commissioner reasonably suspects that a person is—
(i)the holder of an approval; or
(ii)a relevant person for the holder of an approval within the meaning of section 17C(3); and
(b)the person’s criminal history changes.
(2)The commissioner may notify the chief executive that the person’s criminal history has changed.
(3)The commissioner’s notice to the chief executive must state the following—
(a)the person’s name and any other name the commissioner believes the person may use or may have used;
(b)the person’s gender and date and place of birth;
(c)whether the change is—
(i)a charge made against the person for an offence; or
(ii)a conviction of the person;
(d)details of the charge or conviction.

s 17D ins 2007 No. 6 s 49

amd 2008 No. 67 s 295

17EChief executive may enter into arrangement about giving and receiving information with commissioner

(1)This section applies only to the extent another provision of this Act allows the chief executive to give information to the commissioner or the commissioner to give information to the chief executive.
(2)The chief executive and the commissioner may enter into a written arrangement by which the information is given or received.
(3)Without limiting subsection (2), the arrangement may provide for the electronic transfer of information, including on a daily basis.
(4)However, if information is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.

s 17E ins 2007 No. 6 s 49

18Grounds for amending, suspending or cancelling approvals

(1)Each of the following is a ground for amending, suspending or cancelling an approval—
(a)the approval was issued because of a document or representation that is—
(i)false or misleading; or
(ii)obtained or made in another improper way;
(b)the holder of the approval has contravened a condition of the approval;
(c)the holder of the approval, or any relevant person for the holder within the meaning of section 17C(3), has been convicted of—
(i)an offence against—
(A)this Act or a corresponding law; or
(B)the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law; or
(ii)for the holder of an approval prescribed under a regulation, or a relevant person for the holder within the meaning of section 17C(3)—a disqualifying offence;
(d)for the registration of a motor vehicle with a GVM of more than 4.5t—the vehicle has been used to commit an offence against—
(i)this Act or a corresponding law; or
(ii)the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law;
(e)for an approval of an alternative compliance scheme—
(i)the scheme is not, or is no longer, an effective way of demonstrating the operator’s vehicles or drivers operating under it in Queensland achieve the relevant purpose prescribed under section 15(2); or
(ii)for an interstate scheme—the approval under a corresponding law to this chapter is amended, suspended or cancelled;
(f)for a permit under section 111(1)(a)—the holder’s ability to walk is no longer impaired;
(g)for an approval that exempts a person from complying with a provision of this Act—
(i)public safety has been endangered, or is likely to be endangered because of the approval; or
(ii)transport infrastructure within the meaning of the Transport Infrastructure Act 1994 has been damaged, or is likely to be damaged because of the approval;
(h)for any approval other than an approval mentioned in paragraph (g)—public safety has been endangered, or is likely to be endangered, because of the approval;
(i)for an approval that is a dangerous goods driver licence—the person to whom the licence is granted no longer satisfies the criteria, however described, under the regulation that provides for the licence;
(k)for an approval prescribed under a dangerous goods regulation as an approval for this paragraph—
(i)a change in circumstances has happened after the approval was granted; and
(ii)had the changed circumstances existed when the approval was granted, the approval would not have been granted under the regulation because of the requirements under the regulation applying to the grant;
(l)for an approval prescribed under a dangerous goods regulation as an approval for this paragraph—the holder has contravened this Act or a corresponding law and the contravention makes the holder unsuitable to continue to hold the approval;
(m)for an approval that is a dangerous goods driver licence—the holder is suffering from a medical condition or has a physical or mental incapacity, that makes the holder unsuitable to continue to hold the licence;
(n)for an approval that is a dangerous goods vehicle licence—the vehicle does not comply with this Act;
(o)for an approval that is an interlock exemption—a change in circumstances has happened after the exemption was granted and, had the changed circumstances existed when the exemption was granted, it would not have been granted because of the requirements under section 91Q(3) applying to the grant;
(p)for an approval that is an interlock exemption—the holder of the approval has failed to comply with a restriction applying to the approval;
(q)the chief executive considers it necessary in the public interest.
(2)In this section—
change in circumstances, for a person granted an interlock exemption because of circumstances mentioned in section 91Q(3)(a), does not include the establishment of a prescribed interlock installer’s place of business near the person’s place of residence.
dangerous goods driver licence means a licence, as prescribed under a dangerous goods regulation, to drive a dangerous goods vehicle.
dangerous goods vehicle licence means a licence, as prescribed under a dangerous goods regulation, of a dangerous goods vehicle.
operator see section 15(1).

s 18 sub 1997 No. 66 s 111

amd 1998 No. 33 s 21; 1999 No. 42 s 28; 2001 No. 79 s 92; 2002 No. 71 s 15; 2004 No. 40 s 11; 2007 No. 43 s 33 sch; 2008 No. 31 s 46; 2008 No. 67 ss 41, 157, 296; 2010 No. 13 s 12; 2013 No. 26 s 41

19Procedure for amending, suspending or cancelling approvals

(1)If the chief executive considers a ground exists to amend, suspend or cancel an approval, (the proposed action), the chief executive must give the holder written notice—
(a)stating the proposed action; and
(b)stating the ground for the proposed action; and
(c)outlining the facts and circumstances forming the basis for the ground; and
(d)if the proposed action is to amend the approval (including a condition of the approval)—stating the proposed amendment; and
(e)if the proposed action is to suspend the approval—stating the proposed suspension period; and
(f)inviting the holder to show (within a stated time of at least 28 days) why the proposed action should not be taken.
(2)If, after considering all written representations made within the stated time, the chief executive still considers a ground exists to take the proposed action, the chief executive may—
(a)if the proposed action was to amend the approval—amend the approval; or
(b)if the proposed action was to suspend the approval—suspend the approval for no longer than the period stated in the notice; or
(c)if the proposed action was to cancel the approval—
(i)amend the approval; or
(ii)suspend the approval for a period, including on the condition that—
(A)if the grounds for taking action under this section are capable of being remedied by the holder, the holder remedy the grounds to the chief executive’s reasonable satisfaction within a reasonable time before the suspension period ends; and
(B)if the holder fails to remedy the grounds in accordance with subparagraph (A), the chief executive may cancel the approval under section 19A; or
(iii)cancel the approval.
(3)The chief executive must give the holder a written notice about the decision (subsection (3) notice).
(4)The decision takes effect on the later of the following—
(a)the day the subsection (3) notice is given to the holder;
(b)the day stated in the subsection (3) notice.
(5)However, despite subsection (1), if the chief executive considers it necessary in the public interest, the chief executive may, by written notice (immediate suspension notice) given to the holder, immediately suspend the approval until the earliest of the following—
(a)the chief executive, after complying with subsections (1) and (2), gives the holder a subsection (3) notice;
(b)the end of 56 days after the day the immediate suspension notice is given to the holder.
(6)A subsection (3) notice, or an immediate suspension notice, must state—
(a)the reasons for the decision for which the notice is given; and
(b)the prescribed review information for the decision.
(7)If a subsection (3) notice is given about a decision to suspend an approval on the condition mentioned in subsection (2)(c)(ii), the subsection (3) notice must also state that the approval may be cancelled under section 19A if the holder fails to comply with the condition.
(8)Subsections (1) to (7) do not apply—
(a)if the chief executive proposes to amend the approval only—
(i)for a formal or clerical reason; or
(ii)in another way that does not adversely affect the holder’s interests; or
(b)if the holder asks the chief executive to amend or cancel the approval and the chief executive proposes to give effect to the request.
(9)The chief executive may amend or cancel an approval under subsection (8) by written notice given to the holder.

s 19 amd 1997 No. 66 s 112; 2004 No. 9 s 59; 2005 No. 49 s 59; 2008 No. 67 s 42; 2009 No. 24 s 1779

19ACancelling suspended approval for failing to take remedial action

(1)This section applies if the chief executive—
(a)suspends an approval on the condition mentioned in section 19(2)(c)(ii); and
(b)reasonably believes the holder has failed to comply with the condition.
(2)The chief executive may by written notice given to the holder cancel the approval.
(3)The notice must state—
(a)the reasons for the decision to cancel the approval; and
(b)the prescribed review information for the decision.
(4)The cancellation takes effect on the later of the following—
(a)the day the notice is given to the holder;
(b)the day stated in the notice.

s 19A ins 2004 No. 9 s 60

amd 2009 No. 24 s 1780

19B[Repealed]

s 19B ins 2008 No. 67 s 158

om 2013 No. 26 s 42

19CAutomatic suspension of particular licences under dangerous goods regulation

(1)If the driver licence of the holder of a dangerous goods driver licence is no longer in force under this Act or a corresponding law, the dangerous goods driver licence is suspended.
(2)If a dangerous goods vehicle is no longer registered under this Act or a corresponding law, the dangerous goods vehicle licence is suspended.
(3)Section 19 does not apply to a suspension under this section.
(4)In this section—
dangerous goods driver licence means a licence, as prescribed under a dangerous goods regulation, to drive a dangerous goods vehicle.
dangerous goods vehicle licence means a licence, as prescribed under a dangerous goods regulation, of a dangerous goods vehicle.
driver licence does not include a dangerous goods driver licence.

s 19C ins 2008 No. 67 s 43

Part 1B Cancelling vehicle registration for offensive advertisements

ch 3 pt 1B hdg ins 2017 No. 1 s 4

Division 1 Preliminary

ch 3 pt 1B div 1 hdg ins 2017 No. 1 s 4

19DDefinitions for part

In this part—
advertising code means—
(a)the document called the ‘AANA Code of Ethics’ published by the Australian Association of National Advertisers ACN 003 179 673, as in force from time to time; or
(b)another document that—
(i)states a code of ethics, or sets standards, for advertising; and
(ii)is prescribed by regulation to be an advertising code.
advertising code breach notice see section 19E(1)(b).
Advertising Standards Bureau means the Advertising Standards Bureau ACN 084 452 666.
board means the board appointed by the Advertising Standards Bureau that has the function of considering complaints about advertising made by members of the public to determine whether the advertising breaches the advertising code.
registration cancellation notice see section 19F(1).

s 19D ins 2017 No. 1 s 4

Division 2 Cancelling vehicle registration

ch 3 pt 1B div 2 hdg ins 2017 No. 1 s 4

19EApplication of division

(1)This division applies if—
(a)the board determines that an advertisement on a registered vehicle breaches the advertising code; and
(b)the Advertising Standards Bureau gives the chief executive a written notice (an advertising code breach notice) stating—
(i)the details of the determination; and
(ii)that the determination is final.
(2)For subsection (1)(b)(ii), the determination is final if the period for asking for a review of the determination has ended and—
(a)any of the following applies to each request for a review of the determination—
(i)the request was not accepted because it did not meet the grounds on which a determination may be reviewed;
(ii)the determination was confirmed;
(iii)the review resulted in a determination that an advertisement on the vehicle breaches the advertising code; or
(b)no request for a review of the determination was made.
(3)In subsection (1)(a), a reference to a determination by the board includes a reference to a determination made by another entity as a result of a review of a determination of the board.

s 19E ins 2017 No. 1 s 4

19F Registration cancellation notice

(1)The chief executive may give the registered operator of the vehicle a notice (a registration cancellation notice) stating that—
(a)the Advertising Standards Bureau has given an advertising code breach notice for the vehicle to the chief executive; and
(b)the vehicle’s registration will be cancelled on a stated day unless the Advertising Standards Bureau withdraws its advertising code breach notice before that day.
(2)The day stated in the registration cancellation notice must be at least 14 days after the notice is given to the registered operator.
(3)The chief executive may, by notice given to the registered operator, state a later day on which the vehicle’s registration will be cancelled.

s 19F ins 2017 No. 1 s 4

19GAdvertising Standards Bureau withdraws advertising code breach notice

(1)This section applies if—
(a)the chief executive gives a registration cancellation notice to the registered operator of the vehicle; and
(b)the Advertising Standards Bureau gives a written notice to the chief executive, before the chief executive cancels the vehicle’s registration under section 19H, withdrawing its advertising code breach notice.
(2)The chief executive must—
(a)take no further action under this division to cancel the registration of the vehicle; and
(b)give a written notice to the registered operator of the vehicle stating that—
(i)the advertising code breach notice has been withdrawn; and
(ii)no further action will be taken to cancel the registration of the vehicle.

s 19G ins 2017 No. 1 s 4

19H Cancellation of registration

(1)The chief executive may cancel the vehicle’s registration, on or after the cancellation day, if the Advertising Standards Bureau has not given the chief executive a notice withdrawing the advertising code breach notice for the vehicle.
(2)The chief executive must give the registered operator of the vehicle written notice of the cancellation.
(3)If the chief executive decides not to cancel the vehicle’s registration, the chief executive must give written notice that no further action will be taken to cancel the registration of the vehicle to the registered operator.
(4)In this section—
cancellation day means the day stated in a registration cancellation notice given under section 19F(1), or a later day stated in a notice given under section 19F(3), as the day on which the vehicle’s registration will be cancelled.

s 19H ins 2017 No. 1 s 4

19IRequirement to return number plates

(1)The notice of the cancellation of the vehicle’s registration under section 19H(2) must require the registered operator to return to the chief executive the number plates issued for the vehicle, within 14 days after the notice is given.
(2)The registered operator must comply with the requirement under subsection (1).

Maximum penalty—20 penalty units.

(3)However, if a number plate has been lost, stolen or destroyed, the registered operator does not contravene subsection (2) if the registered operator, by written notice, gives details of the loss, theft or destruction to the chief executive within the period mentioned in subsection (1).

s 19I ins 2017 No. 1 s 4

amd 2019 No. 25 s 34

Division 3 Matters after vehicle registration is cancelled

ch 3 pt 1B div 3 hdg ins 2017 No. 1 s 4

19J Application of division

This division applies if—
(a)the chief executive—
(i)gives a registration cancellation notice for a vehicle to the registered operator; and
(ii)does not give the registered operator a notice that no further action will be taken to cancel the vehicle’s registration under section 19G(2)(b) or 19H(3); and
(b)after the registration cancellation notice is given, the registration of the vehicle is cancelled, whether under section 19H or otherwise.

s 19J ins 2017 No. 1 s 4

19K No refund of registration fee

The registered operator of the vehicle is not entitled to a refund of the registration fee, or part of the fee, paid for the vehicle because of the cancellation.

s 19K ins 2017 No. 1 s 4

19L Applying for registration after registration cancelled

(1)An application made under a regulation for the registration of the vehicle must be accompanied by a statutory declaration by the applicant stating that the advertisement the subject of the registration cancellation notice has been removed from the vehicle.
(2)The chief executive must refuse to accept the application for registration unless it is accompanied by the statutory declaration.

s 19L ins 2017 No. 1 s 4

Division 4 General

ch 3 pt 1B div 4 hdg ins 2017 No. 1 s 4

19M No transfer of registration

The chief executive must not record a transfer of the registration of a vehicle if—
(a)a registration cancellation notice for the vehicle has been given to the registered operator; and
(b)the chief executive has not given the registered operator a notice that no further action will be taken to cancel the vehicle’s registration under section 19G(2)(b) or 19H(3).

s 19M ins 2017 No. 1 s 4

19N Limitation of review

(1)This section applies to each of the following decisions of the chief executive—
(a)a decision to give a registration cancellation notice under section 19F(1);
(b)a decision to cancel, or not to cancel, the registration of a vehicle under section 19H.
(2)The Judicial Review Act 1991, part 4 does not apply to the decision.
(3)Subject to subsection (4), the decision—
(a)is final and conclusive; and
(b)can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and
(c)is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
(4)The Judicial Review Act 1991, part 5 applies to the decision to the extent the decision is affected by jurisdictional error.
(5)In this section—
decision includes a decision or conduct leading up to or forming part of the process of making a decision.

s 19N ins 2017 No. 1 s 4

19ONotices given by electronic communication

The chief executive may give a notice to the registered operator of a vehicle under this part by electronic communication to an electronic address of the registered operator if the operator—
(a)gave the address to the chief executive for the purpose of communicating with the registered operator (whether or not it was given for use under this part); and
(b)has not asked the chief executive (orally or in writing) to discontinue use of the address.

Examples of an electronic address—

an email address or mobile phone number

s 19O ins 2017 No. 1 s 4

Part 2 Authorised officers and accredited persons

20Appointment of authorised officers

(1)Every police officer is an authorised officer.
(2)The chief executive may appoint any of the following persons to be an authorised officer—
(a)officers and employees of the public service;
(b)other persons prescribed under a regulation.
(3)The chief executive may appoint a person as an authorised officer only if satisfied the person has the necessary expertise to be an authorised officer.
(4)A provision of part 3 that corresponds to a provision of the Police Powers and Responsibilities Act 2000 does not apply to an authorised officer who is a police officer.

s 20 amd 2000 No. 5 s 461 sch 3; 2007 No. 43 s 33 sch

21Appointment of accredited persons

(1)The chief executive may appoint a person to be an accredited person to perform functions prescribed under a regulation only if satisfied the person has the necessary expertise to be an accredited person to perform the functions.
(2)A regulation may provide for accreditation documents for accredited persons.

22Powers

(1)An authorised officer or accredited person—
(a)has the powers given under this or another Act; and
(b)is subject to the directions of the chief executive or commissioner in exercising the powers.
(2)The powers may be limited—
(a)under a regulation; or
(b)under a condition of appointment; or
(c)by written notice given by the chief executive or commissioner to the authorised officer or accredited person.

23Appointment conditions

(1)An authorised officer or accredited person holds office on the conditions stated in the instrument of appointment.
(2)An authorised officer or accredited person—
(a)if the appointment provides for a term of appointment—ceases holding office at the end of the term; and
(b)if the conditions of appointment provide—ceases holding office on ceasing to hold another office stated in the appointment conditions (the main office); and
(c)may resign by signed notice given to the chief executive or commissioner.
(3)However, an authorised officer or accredited person may not resign from the office under this Act (the secondary office) if a term of employment to the main office requires the officer or person to hold the secondary office.

24Identity cards

(1)This section does not apply to an authorised officer who is a police officer.
(2)The chief executive must give each authorised officer an identity card.
(3)The identity card must—
(a)contain a recent photo of the person; and
(b)be signed by the person; and
(c)identify the person as an authorised officer; and
(d)state an expiry date.
(4)A person who stops being an authorised officer must return the person’s identity card to the chief executive as soon as practicable (but within 21 days) after the person stops being an authorised officer, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(5)This section does not prevent the giving of a single identity card to a person for this and other Acts.

s 24 amd 2007 No. 43 s 34; 2008 No. 66 s 4 sch pt 1

25Production or display of identity cards

(1)This section does not apply to a police officer.
(2)An authorised officer may exercise a power in relation to a person only if—
(a)the officer first produces the officer’s identity card for the other person’s inspection; or
(b)the officer has the officer’s identity card displayed so it is clearly visible to the person.
(3)However, if for any reason it is not practicable to comply with subsection (2) before exercising the power, the officer must produce the identity card as soon as it is practicable.

s 25 amd 2000 No. 5 s 461 sch 3

Part 3 Powers of authorised officers and other persons

ch 3 pt 3 hdg amd 2007 No. 43 s 33 sch

Division 1 Powers for places

26Entry to places

(1)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.
(2)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.

s 26 amd 1997 No. 66 s 113; 2007 No. 43 s 33 sch; 2008 No. 67 s 44

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

(1)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).

(2)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.
(3)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.
(4)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.
(5)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.
(6)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).
(7)This section does not authorise an authorised officer to use force for exercising a power under this section.
(8)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.

s 26A ins 2007 No. 43 s 35

amd 2008 No. 67 s 45; 2010 No. 13 s 22; 2013 No. 26 s 43

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

(1)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.
(2)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.
(3)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.
(3A)For subsection (1), there is a connection between a place and the transport of dangerous goods if—
(a)dangerous goods were transported to or from the place within the period of 72 hours before the proposed entry to the place; or
(b)the place is, or may be, otherwise directly or indirectly connected with the dangerous goods.
(4)Section 26A(4) to (7) applies to the entry to a place by an authorised officer under this section.
(5)In this section—
transport Act does not include the Queensland Road Rules.

s 26B ins 2007 No. 43 s 35

amd 2008 No. 67 s 46; 2013 No. 26 s 44

27Consent to entry

(1)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.
(2)Before asking for the consent, the officer must inform the occupier—
(a)of the purpose of the entry; and
(b)that the occupier is not required to consent.
(3)If the consent is given, the officer may ask the occupier to sign an acknowledgement of the consent.
(4)The acknowledgement must state—
(a)the purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry; and
(b)that the following have been explained to the occupier—
(i)the purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry;
(ii)that the occupier is not required to consent; and
(c)that the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and
(d)the time and day the consent was given; and
(e)any conditions of the consent.
(5)If the occupier signs an acknowledgement of consent, the officer must immediately give a copy to the occupier.
(6)Subsection (7) applies to a court if—
(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
(b)an acknowledgement under this section is not produced in evidence for the entry; and
(c)it is not proved that the occupier consented to the entry.
(7)The court may presume that the occupier did not consent.

s 27 amd 2013 No. 26 s 45

28Warrants to enter

(1)An authorised officer may apply to a magistrate for a warrant to enter a place.
(2)The application must be sworn and state the grounds on which the warrant is sought.
(3)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.

Example—

The magistrate may require additional information supporting the application to be given by statutory declaration.
(4)The magistrate may issue a warrant if satisfied there are reasonable grounds for suspecting—
(a)there is a particular thing or activity (the evidence) that may provide evidence of an offence against a transport Act; and
(b)the evidence is, or may be within the next 7 days, at the place.
(4A)The magistrate may also issue a warrant if the magistrate is satisfied that—
(a)either of the following apply in relation to a particular place—
(i)a vehicle that has been or may have been involved in a dangerous situation is or has been located at the place; or
(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
(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.
(5)The warrant must state—
(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
(b)the offence for which the warrant is sought; and
(c)the evidence that may be seized under the warrant; and
(d)the hours when the place may be entered; and
(e)the date, within 7 days after the warrant’s issue, the warrant ends.

s 28 amd 2008 No. 67 s 47

29Warrants—applications made other than in person

(1)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—
(a)urgent circumstances; or
(b)other special circumstances, including, for example, the officer’s remote location.
(2)Before applying for the warrant, the officer must prepare an application stating the grounds on which the warrant is sought.
(3)The officer may apply for the warrant before the application is sworn.
(4)After issuing the warrant, the magistrate must immediately fax a copy to the officer if it is reasonably practicable to fax a copy.
(5)If it is not reasonably practicable to fax a copy to the officer—
(a)the magistrate must—
(i)tell the officer what the terms of the warrant are; and
(ii)tell the officer the date and time the warrant was issued; and
(b)the officer must complete a form of warrant (warrant form) and write on it—
(i)the magistrate’s name; and
(ii)the date and time the magistrate issued the warrant; and
(iii)the warrant’s terms.
(6)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.
(7)The officer must, at the first reasonable opportunity, send the magistrate—
(a)the sworn application; and
(b)if the officer completed a warrant form—the completed warrant form.
(8)On receiving the documents, the magistrate must attach them to the warrant.
(9)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.
(10)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

(1)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).
(2)The application must be sworn and state the grounds on which it is sought.
(3)The authorised officer need not appear at the consideration of the application, unless the magistrate otherwise requires.
(4)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.

Example—

The magistrate may require additional information supporting the application to be given by statutory declaration.

s 29A ins 2007 No. 43 s 36

amd 2008 No. 67 s 48

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.

s 29B ins 2007 No. 43 s 36

amd 2008 No. 67 s 48

29CAppeal

(1)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.
(2)If the chief executive appeals, the chief executive must retain any seized thing until the appeal is decided.
(3)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.
(4)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.

s 29C ins 2007 No. 43 s 36

amd 2008 No. 67 s 48

30General powers after entering places

(1)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.
(2)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).

Examples of requirements under paragraph (f)—

a requirement to operate equipment or facilities
a requirement to give access, free of charge, to photocopying equipment
(3)A person must comply with a requirement under subsection (2)(f), unless the person has a reasonable excuse.

Maximum penalty—60 penalty units.

(4)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.

Note—

See sections 49, 49A and 50AB for powers about requiring or directing a person to produce a document, provide information or help an authorised officer find and gain access to a document or information.
(5)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.
(6)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.
(7)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.
(8)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.

s 30 amd 2007 No. 43 s 37; 2008 No. 67 s 49; 2008 No. 66 s 4 sch pt 2; 2013 No. 26 s 46; 2014 No. 43 s 117 sch 1

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

(1)This section applies to an authorised officer who enters a place under section 26A or 26B.
(2)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
(ii)a device that is required to be installed, used or maintained under a transport Act or an alternative compliance scheme;
(b)copy, or take an extract from, any or all of the following that are at the place—
(i)a document mentioned in paragraph (a)(i);
(ii)a readout or other data obtained from a device mentioned in paragraph (a)(ii).
(3)Subsection (4) applies if the authorised officer enters the place to obtain evidence of an offence against a transport Act because—
(a)the authorised officer has the belief and suspicion mentioned in section 26A(3) in relation to the evidence; or
(b)the authorised officer has the belief mentioned in section 26B(1) in relation to the evidence.
(4)The authorised officer may, for obtaining evidence of an offence against a transport Act, do any or all of the following—
(a)search any part of the place;
(b)inspect anything in the place, including, for example, dangerous goods or packaging at the place;
(c)copy, or take an extract from, any or all of the following in the place—
(i)a document mentioned in subsection (2)(a)(i);
(ii)transport documentation;
(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.
(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.
(6)Also, for exercising a power under subsection (2) or (4), the authorised officer may—
(a)take the persons, equipment and materials the authorised officer reasonably requires for exercising the power into the place; or
(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.
(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.

(8)A requirement under subsection (6)(b) 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.

Note—

See sections 49, 49A and 50AB for powers about requiring or directing a person to produce a document, provide information or help an authorised officer find and gain access to a document or information.
(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.
(10)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.
(11)In this section—
transport Act does not include the Queensland Road Rules.

s 30A ins 2007 No. 43 s 38

amd 2008 No. 66 s 4 sch pt 1; 2008 No. 67 s 50; 2013 No. 26 s 47; 2014 No. 43 s 117 sch 1

30BUsing equipment for exercising power

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

Example of information contained on a thing—

information contained on a disk, tape or other device

s 30B ins 2007 No. 43 s 38

Division 2 Powers for vehicles

Subdivision 1 Stopping vehicles

ch 3 pt 3 div 2 sdiv 1 hdg ins 2007 No. 43 s 33 sch

31Power to stop private vehicles

(1)An authorised officer, who is not a police officer, may require the person in control of a private vehicle to stop the vehicle—
(a)at a checkpoint—only if the vehicle is a type of vehicle that the officer is stopping at the checkpoint by reference to objective criteria that are part of a program approved under section 47; or
(b)if the officer reasonably believes the vehicle does not comply with a transport Act; or
(c)if the officer reasonably believes the driver has just committed, or is committing, an offence against the Queensland Road Rules, section 154(1) or 156(1); or
(d)if the officer reasonably believes—
(i)the driver has just committed, is committing, or is about to commit an offence against the Transport Infrastructure Act 1994, section 46 or the Queensland Road Rules, section 100; and
(ii)the officer reasonably believes making the requirement is necessary to prevent damage to road transport infrastructure or ensure the safety of road users or other persons.
(2)In addition, an authorised officer may require the person in control of a private vehicle to stop the vehicle to find out whether the vehicle is carrying explosives within the meaning of the Explosives Act 1999 if—
(a)the officer is also an inspector under the Explosives Act 1999; and
(b)the officer reasonably believes the vehicle is carrying explosives within the meaning of the Explosives Act 1999.
(2A)However, an authorised officer who is not a police officer may make a requirement under subsection (1)(a) or (b) or (2) during the day only.
(2AA)In addition, an authorised officer who is not a police officer may only make a requirement under subsection (1)(c) on a business day during the period between 6a.m. and 7p.m.
(2B)Also, an authorised officer who is not a police officer and is not wearing a uniform approved by the chief executive may only exercise the powers of an authorised officer in relation to a private vehicle if the officer reasonably believes the vehicle is so dangerous as to be likely to cause the death of, or injury to, a person.
(3)A requirement may be made under subsection (1) or (2) in a way prescribed under a regulation.
(4)A person must comply with a requirement under subsection (1) or (2), unless the person has a reasonable excuse.

Maximum penalty—60 penalty units.

Example of a reasonable excuse—

It is a reasonable excuse for a person not to comply with a requirement if—
(a)the person reasonably believes that to immediately comply would endanger the person or someone else; and
(b)the person complies with the requirement at the first reasonable opportunity.
(5)A regulation may impose restrictions on the stopping of private vehicles by authorised officers who are not police officers.
(6)In this section—
day means the period between sunrise and sunset on the same day.

s 31 amd 2000 No. 5 s 461 sch 3; 2004 No. 40 s 12; 2007 No. 43 s 39; 2009 No. 47 s 31; 2011 No. 12 s 96; 2011 No. 33 s 27

32Power to stop heavy vehicles or prescribed vehicles

(1)An authorised officer may require the person in control of a heavy vehicle or prescribed vehicle to stop the vehicle to check whether the vehicle or person is complying with a transport Act.
(2)In addition, an authorised officer who is also an inspector under the Explosives Act 1999 may require the person in control of a heavy vehicle or prescribed vehicle to stop the vehicle to check whether the vehicle is carrying explosives within the meaning of the Explosives Act 1999.
(3)The requirement may be made in a way prescribed under a regulation.
(4)Without limiting subsection (3), the requirement may require the person to move the vehicle in preparation for stopping it.

Examples—

a requirement to change lanes
a requirement to exit a motorway at a particular exit
a requirement to enter a vehicle inspection site
(5)The person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—90 penalty units.

(6)Without limiting section 31, a power under this section may be exercised in relation to a suspected dangerous goods vehicle as if it were a prescribed vehicle.

s 32 amd 2001 No. 79 s 93; 2004 No. 9 s 61; 2004 No. 40 s 13; 2007 No. 43 s 33 sch; 2008 No. 67 s 51; 2008 No. 66 s 4 sch pt 2; 2013 No. 26 s 48

Subdivision 2 Moving vehicles

ch 3 pt 3 div 2 sdiv 2 hdg ins 2007 No. 43 s 33 sch

33Requiring vehicle to be moved for exercising power

(1)This section applies to—
(a)a motor vehicle, other than a heavy vehicle or a prescribed dangerous goods vehicle, that is stationary on a road or has been stopped under section 31 or 32; and
(b)without limiting sections 33A to 33C, a heavy vehicle or a prescribed dangerous goods vehicle that—
(i)is stationary in a following place—
(A)a road or road-related area;
(B)a public place;
(C)another place occupied or owned by the State or a government entity;
(D)for a prescribed dangerous goods vehicle—a prescribed place an authorised officer has entered under section 26 or a place an authorised officer has entered under section 26A or 26B; or
(ii)has been stopped under—
(A)section 32; or
(B)the Heavy Vehicle National Law (Queensland).
(2)To enable an authorised officer to exercise a power under a transport Act, the officer may require a person mentioned in paragraph (a) or (b) to move the vehicle, or cause it to be moved, to a stated reasonable place—
(a)for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—the person in control of the vehicle; or
(b)for a heavy vehicle or a prescribed dangerous goods vehicle—the person in control, or the operator, of the vehicle.

Example—

The authorised officer may require the person to move the vehicle onto a weighing device or to a testing device.
(3)However, the place must be—
(a)for a private vehicle other than a suspected dangerous goods vehicle—within a 5km radius from where the vehicle was stationary or stopped; or
(b)for a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle—within a 30km radius from—
(i)where the vehicle was stationary or stopped; or
(ii)if the requirement is given in the course of the vehicle’s journey—any point along the forward route of the journey.
(3A)A requirement under subsection (2) may be made orally or in any other way, including, for example—
(a)for a requirement made to the person in control of a vehicle—by way of a sign or electronic or other signal; or
(b)for a requirement made to the operator of a heavy vehicle or a prescribed dangerous goods vehicle—by telephone, facsimile, electronic mail or radio.
(4)The person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—

(a)for a private vehicle other than a suspected dangerous goods vehicle—60 penalty units; or
(b)for a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle—90 penalty units.

(5)For a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle, if the person does not comply with the requirement, the officer may move the vehicle to the required place.
(6)In this section—
prescribed place, for a prescribed dangerous goods vehicle, means—
(a)any of the following places relating to a person involved in the transport of dangerous goods in the vehicle—
(i)a place at or from which the person carries on a business;
(ii)a place that is occupied by the person in connection with a business carried on by the person;
(iii)the registered office of a business carried on by the person; or
(b)a place that is—
(i)the garage address for the vehicle; or
(ii)without limiting subparagraph (i), the base of the vehicle’s driver; or
(c)a place where a document relating to the vehicle is located or required to be kept under a transport Act or alternative compliance scheme.

s 33 amd 1997 No. 66 s 114; 2007 No. 25 s 12; 2007 No. 43 ss 33 sch, 40; 2008 No. 67 s 52; 2008 No. 66 s 4 sch pt 2; 2013 No. 26 s 49

33ARequiring prescribed dangerous goods vehicle to be moved if causing harm or obstruction etc.

(1)This section applies if—
(a)a prescribed dangerous goods vehicle is stationary in a following place—
(i)a road or road-related area;
(ii)a public place;
(iii)another place occupied or owned by the State or a government entity;
(iv)a prescribed place an authorised officer has entered under section 26;
(v)a place an authorised officer has entered under section 26A or 26B; and
(b)the authorised officer reasonably believes the vehicle—
(i)is causing, or creating a risk of, serious harm to public safety, the environment or road infrastructure; or
(ii)is causing, or likely to cause, an obstruction to—
(A)traffic; or
(B)an event lawfully authorised to be held on the road; or
(C)a vehicle entering or leaving land adjacent to the road.
(2)The authorised officer may require the person in control, or the operator, of the vehicle to do either or both of the following—
(a)move the vehicle, or cause it to be moved, to the extent necessary to avoid the harm or obstruction;
(b)do, or cause to be done, anything else the officer reasonably requires to avoid the harm or obstruction.
(3)A requirement under subsection (2) may be made in a way mentioned in section 33(3A).
(4)The person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—90 penalty units.

(5)Without limiting what may be a reasonable excuse for subsection (4), in a proceeding for an offence against the subsection, it is a defence if the person charged with the offence proves—
(a)it was not possible to move the vehicle because it was broken down; and
(b)the breakdown happened for a physical reason beyond the person’s control; and
(c)the breakdown could not be readily rectified in a way that would enable the requirement to be complied with within a reasonable time.
(6)In this section—
prescribed place see section 33(6).

s 33A ins 2007 No. 43 s 41

amd 2008 No. 66 s 4 sch pt 1; 2008 No. 67 s 53; 2013 No. 26 s 50

33BMoving unattended prescribed dangerous goods vehicle on road

(1)This section applies if an authorised officer—
(a)reasonably believes that a prescribed dangerous goods vehicle on a road is unattended; and
(b)intends to exercise a power under this Act in relation to the vehicle; and
(c)reasonably believes it is necessary to move the vehicle to enable the exercise of the power.
(2)The authorised officer may take the steps that are reasonably necessary to move the vehicle on the road, or to remove the vehicle from the road, to enable the exercise of the power.

Example of reasonably necessary steps—

driving, pushing or towing the vehicle
(3)Despite subsection (2), the authorised officer may only drive, or authorise someone else (the assistant) to drive, the vehicle if the authorised officer or assistant is qualified and fit to drive it.
(4)It is immaterial that—
(a)the assistant is not the operator of the vehicle; or
(b)the authorised officer or assistant is not authorised by the operator to drive it.
(5)If the authorised officer asks a service or towing vehicle operator to move or remove the vehicle, the service or towing vehicle operator may take the steps that are reasonably necessary to move or remove the vehicle, as requested.
(6)The authorised officer, the assistant or a service or towing vehicle operator mentioned in subsection (5) may use the force that is reasonably necessary to do any or all of the following—
(a)open unlocked doors and other unlocked panels and things in the vehicle;
(b)gain access to the vehicle, its engine or other mechanical components to enable it to be moved;
(c)enable the vehicle to be towed.
(7)Subsection (6) does not authorise an authorised officer, assistant or service or towing vehicle operator to use force against a person.
(8)In this section—
road includes a road-related area.

s 33B ins 2007 No. 43 s 41

amd 2008 No. 67 s 54; 2013 No. 26 s 51

33CMoving other stationary prescribed dangerous goods vehicle if causing harm or obstruction etc.

(1)This section applies if an authorised officer reasonably believes the following about a vehicle—
(a)the vehicle is a prescribed dangerous goods vehicle in any of the following places—
(i)a road or road-related area;
(ii)a public place;
(iii)another place occupied or owned by the State or a government entity;
(iv)a prescribed place an authorised officer has entered under section 26;
(v)a place an authorised officer has entered under section 26A or 26B;
(b)the vehicle is unattended or broken down;
(c)the vehicle—
(i)is causing, or creating an imminent risk of, serious harm to public safety, the environment or road infrastructure; or
(ii)is causing, or likely to cause, an obstruction to—
(A)traffic; or
(B)an event lawfully authorised to be held on the road; or
(C)a vehicle entering or leaving land adjacent to the road.
(2)The authorised officer may move or authorise someone else (the assistant) to move the vehicle or, if it is a combination, any vehicle forming part of the combination, to the extent it is reasonably necessary to avoid the harm or obstruction.

Example—

by driving, pushing or towing the vehicle
(3)The authorised officer or assistant may—
(a)enter the vehicle to enable the authorised officer or assistant to move it; and
(b)for a combination—separate any or all of the vehicles forming part of the combination for the purpose of moving them.
(4)The authorised officer may drive the vehicle or authorise someone else (also the assistant) to drive it if the authorised officer reasonably believes—
(a)the vehicle is driveable; and
(b)there is no-one else in or near the vehicle who is more capable of driving it and fit and willing to drive it.
(5)It is immaterial that—
(a)the assistant is not the operator of the vehicle; or
(b)the authorised officer or assistant is not authorised by the operator to drive the vehicle or qualified to drive it.
(6)In driving the vehicle under subsection (4), the authorised officer or assistant is exempt from a provision of a transport Act to the extent the provision would require the authorised officer or assistant to be licensed to drive the vehicle.
(7)The authorised officer or assistant mentioned in subsection (2) or (4) may use the force that is reasonably necessary to the extent it is reasonably necessary to avoid the harm or obstruction.
(8)Subsection (7) does not authorise an authorised officer or assistant to use force against a person.
(9)In this section—
prescribed place, in relation to a prescribed dangerous goods vehicle, means—
(a)any of the following places relating to a person involved in the transport of dangerous goods in the vehicle—
(i)a place at or from which the person carries on a business;
(ii)a place that is occupied by the person in connection with a business carried on by the person;
(iii)the registered office of a business carried on by the person; or
(b)a place that is—
(i)the garage address for the vehicle; or
(ii)without limiting subparagraph (i), the base of the vehicle’s driver; or
(c)a place where a document relating to the vehicle is located or required to be kept under a transport Act or alternative compliance scheme.

s 33C ins 2007 No. 43 s 41

amd 2008 No. 67 s 55; 2013 No. 26 s 52

33DPower if prescribed dangerous goods vehicle broken down or immobilised on a road

(1)This section applies if an authorised officer reasonably believes—
(a)a prescribed dangerous goods vehicle is broken down or immobilised on a road or road-related area; and
(b)it is necessary to give a direction under subsection (2) to a person in control of the vehicle to protect persons, property or the environment.
(2)The authorised officer may give a direction to the person in control of the vehicle about the following—
(a)carrying out repair work on the vehicle;
(b)towing the vehicle off the road or road-related area;
(c)removing the dangerous goods from the vehicle;
(d)dealing with the dangerous goods after their removal from the vehicle.
(3)A person given a direction under subsection (2) must comply with it, unless the person has a reasonable excuse.

Maximum penalty—60 penalty units.

s 33D ins 2008 No. 67 s 56

amd 2008 No. 66 s 4 sch pt 2

Subdivision 3 Other powers for vehicles

ch 3 pt 3 div 2 sdiv 3 hdg ins 2007 No. 43 s 33 sch

34Power to inspect vehicles

(1)This section applies to a motor vehicle that—
(a)is stationary on a road; or
(b)has been stopped under—
(i)section 31 or 32; or
(ii)the Heavy Vehicle National Law (Queensland); or
(c)is in a place that—
(i)an authorised officer has entered under section 26; or
(ii)an authorised officer who is also an authorised officer under the Heavy Vehicle National Law (Queensland) has entered under that Law.
(2)To check whether the vehicle complies with a transport Act, an authorised officer may inspect or test it.
(3)To enable the officer to inspect or test the vehicle, the officer may do anything reasonable to be done for the inspection or test.

Examples of what may be reasonable for an inspection or test—

The officer may—
(a)enter the vehicle; or
(b)unlock, unfasten, open or remove any part of it; or
(c)move its load.

s 34 amd 1997 No. 66 s 115; 2007 No. 43 s 42; 2013 No. 26 s 53

35Power to enter vehicles etc. other than for vehicle inspection

(1)This section applies to an authorised officer who reasonably believes—
(a)a vehicle in a place the officer has entered under section 26, or in a place the officer has, as an authorised officer under the Heavy Vehicle National Law (Queensland), entered under that Law, is used, or is being used, to transport dangerous goods; or
(b)a heavy vehicle or a prescribed vehicle is being, or has just been, used to transport dangerous goods; or
(c)a vehicle is being, or has just been, used to commit an offence against a transport Act; or
(d)a vehicle, or a thing in the vehicle, may provide evidence of an offence against a transport Act that is being, or has just been, committed.
(2)The officer may, for enforcing a transport Act—
(a)enter the vehicle, using necessary and reasonable help and force; or

Note—

In addition, to enable the vehicle to be entered, the officer may stop the vehicle under section 31 (Power to stop private vehicles) or 32 (Power to stop heavy vehicles or prescribed vehicles).
(b)search any part of the vehicle; or
(c)inspect, measure, weigh, test, photograph or film the vehicle or anything in the vehicle; or
(d)take samples of the vehicle or anything in the vehicle; or
(e)copy, or take an extract from, a document in the vehicle; or

Example—

download information contained on a disk, tape or other device in the vehicle
(f)move the vehicle’s load; or
(g)take the persons, equipment and materials the officer reasonably requires into the vehicle.
(2A)Subsections (2B) and (2C) apply if—
(a)the vehicle is a heavy vehicle or a prescribed dangerous goods vehicle; and
(b)the officer is not a police officer and reasonably believes the vehicle has, or may have, been involved in an incident involving the death of, or injury to, a person or damage to property.
(2B)The authorised officer—
(a)may exercise a power under this section only if authorised to do so by a police officer of at least the rank of inspector; and
(b)without limiting paragraph (a), may open unlocked doors and other unlocked panels and things in the vehicle for gaining entry to it under subsection (2)(a).
(2C)Despite subsection (2)(a), an authorised officer who is not a police officer must not use force to enter the vehicle.
(3)An authorised officer may not exercise the powers under subsection (2) in relation to the following things found in a vehicle—
(a)a personal possession;
(b)for a private vehicle—a document that is not issued, or required to be kept, under a transport Act or a corresponding law.

s 35 amd 1997 No. 66 s 116; 2007 No. 43 ss 33 sch, 43; 2008 No. 31 s 47; 2008 No. 67 s 57; 2010 No. 13 s 3 sch pt 1; 2013 No. 26 s 54

35AFurther powers to inspect and search prescribed dangerous goods vehicle

(1)Without limiting sections 34 and 35, this section applies to a prescribed dangerous goods vehicle, whether or not the prescribed dangerous goods vehicle is unattended, if it is stationary in a following place—
(a)a road or road-related area;
(b)a public place;
(c)another place occupied or owned by the State or a government entity;
(d)a prescribed place an authorised officer has entered under section 26;
(e)a place an authorised officer has entered under section 26A or 26B.
(2)An authorised officer may inspect the vehicle to check whether it complies with a transport Act or an alternative compliance scheme.
(3)Also, an authorised officer may search the vehicle to carry out a check as mentioned in subsection (2) if the authorised officer reasonably believes any of the following—
(a)the vehicle has been used, is being used, or is likely to be used, to commit an offence against a transport Act;
(b)the vehicle may have been involved in an incident involving injury to, or the death of, a person or damage to property;
(c)the vehicle has been or may have been involved in a situation that was a dangerous situation when it happened.
(4)An authorised officer may form the belief mentioned in subsection (3) whether or not the vehicle has been inspected under this Act.
(5)Without limiting subsection (2) or (3), for exercising a power under the subsection, the authorised officer may do any or all of the following—
(a)enter the vehicle;
(b)exercise a power that an authorised officer may exercise under section 35(2)(c) to (g);
(c)move, but not take away, anything in the vehicle that is not locked or sealed.
(6)An authorised officer may exercise a power under this section at any time and without the consent of the vehicle’s driver or anyone else.
(7)However, if an authorised officer has the belief mentioned in subsection (3)(b) in relation to the vehicle, the authorised officer—
(a)may exercise a power under this section in relation to the vehicle only if authorised to do so by a police officer of at least the rank of inspector; and
(b)without limiting paragraph (a), may open unlocked doors and other unlocked panels and things in the vehicle for gaining entry to it under subsection (5)(a).
(8)This section does not authorise an authorised officer to use force for exercising a power under this section.
(9)Also, an authorised officer may not exercise a power under this section in relation to a personal possession found in the vehicle.
(10)In this section—
prescribed place see section 33(6).
transport Act does not include the Queensland Road Rules.

s 35A ins 2007 No. 43 s 44

amd 2008 No. 67 s 58; 2013 No. 26 s 55

35BFurther powers to access or download stored information or to decide if anything found in a prescribed dangerous goods vehicle may be seized

(1)Without limiting section 35 or 35A, this section applies to help an authorised officer who exercises a power in relation to a prescribed dangerous goods vehicle under section 35 or 35A
(a)to access or download information contained on anything found in or at the vehicle; or

Example of information contained on a thing—

information contained on a disk, tape or other device
(b)to decide if anything found in the vehicle may be seized under division 3.
(2)The authorised officer, or a person helping the authorised officer, may exercise the power by operating equipment that is—
(a)in or at the vehicle; or
(b)taken into the vehicle under section 35(2)(g); or
(c)where the thing has been moved under subsection (4).
(3)However, subsection (2) only applies if the authorised officer or person reasonably believes—
(a)the equipment is suitable for exercising the power; and
(b)the power can be exercised without damaging the equipment or thing.
(4)For exercising a power as mentioned in subsection (1)(b), the authorised officer may move the thing to somewhere else if—
(a)it is not practicable to exercise the power in relation to the thing where it is found; or
(b)the person in control of the vehicle consents in writing.

s 35B ins 2007 No. 43 s 44

amd 2008 No. 31 s 48; 2008 No. 67 s 59; 2013 No. 26 s 56

35CRunning or stopping prescribed dangerous goods vehicle engine

(1)An authorised officer may, to allow the officer to effectively exercise a power under this Act in relation to a prescribed dangerous goods vehicle, enter the vehicle and run or stop its engine (take the prescribed action) or authorise someone else (the assistant) to enter the vehicle and take the prescribed action if—
(a)a person fails to comply with a requirement made by an authorised officer under section 39 to take the prescribed action; or
(b)no person involved in the transport of the dangerous goods in relation to the vehicle is available or willing to take the prescribed action; or
(c)the authorised officer reasonably believes there is no-one else in or near the vehicle who is more capable of taking the prescribed action and is fit and willing to do so.
(2)The authorised officer or assistant may use the force that is reasonably necessary to enter the vehicle and take the prescribed action.
(3)Subsection (2) does not authorise an authorised officer or assistant to use force against a person.
(4)It is immaterial that—
(a)the assistant is not the operator of the vehicle; or
(b)the authorised officer or assistant is not—
(i)authorised by the operator to drive the vehicle or take the prescribed action; or
(ii)qualified to drive the vehicle or take the prescribed action.
(5)This section does not authorise the authorised officer or assistant to drive the vehicle.
(6)In running the engine, the authorised officer or assistant is exempt from a provision of a transport Act to the extent the provision would require the authorised officer or assistant to be qualified to take the prescribed action.

s 35C ins 2007 No. 43 s 44

amd 2008 No. 67 s 60; 2013 No. 26 s 57

36Power to require vehicle inspections

(1)If an authorised officer reasonably believes a vehicle may not comply with this Act, the officer may require its owner or registered operator to have it inspected at a stated reasonable time and place.
(2)The requirement—
(a)must be made by notice in the approved form; or
(b)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.
(3)A person must comply with a requirement under subsection (1), unless the person has a reasonable excuse.

Maximum penalty for subsection (3)—60 penalty units.

s 36 amd 2000 No. 6 s 78 sch

37Power to prohibit use of vehicles

(1)If an authorised officer reasonably believes a private vehicle or prescribed vehicle is unsafe, the officer may, by notice in the approved form, require the owner, registered operator or person in control of the vehicle not to use it, or permit it to be used, on a road or public place until—
(a)it is inspected at a stated reasonable place and found to comply with this Act; or
(b)stated reasonable action is taken in relation to the vehicle to ensure it complies with this Act.

Examples of action that may be reasonable for paragraph (b)—

adjusting or moving the vehicle’s load
carrying out stated repairs to the vehicle and having the vehicle inspected at a stated place to ensure it complies with this Act
(2)A person must not contravene, or attempt to contravene, a requirement under subsection (1), unless the person has a reasonable excuse.

Maximum penalty for subsection (2)—

(a)for a private vehicle—60 penalty units; or
(b)for a prescribed vehicle—90 penalty units.

(3)If the person in control of a vehicle who receives a notice is not also the owner or registered operator of the vehicle, the person must inform the owner or registered operator of the receipt of the notice as soon as it is practicable.

Maximum penalty for subsection (3)—

(a)for a private vehicle—60 penalty units; or
(b)for a prescribed vehicle—90 penalty units.

s 37 amd 1997 No. 66 s 117; 1999 No. 42 s 29; 2000 No. 6 s 78 sch amdts 2–3; 2004 No. 53 s 2 sch; 2007 No. 43 s 33 sch; 2008 No. 66 s 4 sch pt 1; 2013 No. 26 s 58

38Power to prohibit persons driving

(1)This section applies if—
(a)a motor vehicle is stationary on a road or road-related area or has been stopped under—
(i)section 31 or 32; or
(ii)the Heavy Vehicle National Law (Queensland); and
(b)an authorised officer reasonably believes a person would contravene this Act by driving the vehicle.
(2)The authorised officer may require a person mentioned in paragraph (a) or (b) not to drive the vehicle in contravention of this Act—
(a)for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—the person in control of it; or
(b)for a heavy vehicle or a prescribed dangerous goods vehicle—any person.
(2A)The requirement—
(a)for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—must be given by notice in the approved form; or
(b)for a heavy vehicle or a prescribed dangerous goods vehicle—may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal.
(3)A person must not contravene, or attempt to contravene, a requirement under subsection (2), unless the person has a reasonable excuse.

Maximum penalty for subsection (3)—

(a)for a private vehicle other than a suspected dangerous goods vehicle—60 penalty units; or
(b)for a suspected dangerous goods vehicle, a heavy vehicle or a prescribed vehicle—90 penalty units.

s 38 amd 1999 No. 42 s 30; 2004 No. 53 s 2 sch; 2007 No. 43 ss 33 sch, 45; 2008 No. 67 s 61; 2008 No. 66 s 4 sch pt 2; 2013 No. 26 s 59

39Powers to enable effective and safe exercise of other powers

(1)An authorised officer may require a person mentioned in the following paragraphs to give the officer reasonable help to enable the officer to effectively exercise—
(a)a power under this Act in relation to a vehicle other than a prescribed dangerous goods vehicle—the person in control of the vehicle;
(b)a power under this Act in relation to a prescribed dangerous goods vehicle—a person involved in the transport of dangerous goods in relation to the vehicle;
(c)a power under this Act in relation to the transport of dangerous goods—a person involved in the transport of the dangerous goods to which the power relates.

Examples of requirements—

to hold the vehicle stationary on a weighing device to enable the vehicle to be weighed
to open the vehicle’s bonnet to enable the engine to be inspected
to help the authorised officer to weigh or measure all or part of the vehicle, including an axle or axle group
to help the authorised officer to weigh, measure or take samples of all or part of the vehicle’s equipment or load including a substance or packaging
to operate equipment or facilities
to give access, free of charge, to photocopying equipment
(1A)A requirement that may be made under subsection (1)—
(a)includes a requirement to run or stop the vehicle’s engine (take the prescribed action); but
(b)does not include—
(i)a requirement to drive the vehicle; or
(ii)a requirement to produce a document or give information; or
(iii)a requirement to help the authorised officer find and gain access to a document or information.

Note—

See sections 49, 49A and 50AB for powers about requiring or directing a person to produce a document, provide information or help an authorised officer find and gain access to a document or information.
(1B)Subsections (1C) to (1F) apply to a person mentioned in subsection (1)(b) who is required to take the prescribed action.
(1C)The person may use the force that is reasonably necessary to enter the vehicle and take the prescribed action.
(1D)However subsection (1C) does not authorise the person to use force against anyone.
(1E)It is immaterial that—
(a)the person is not the operator of the vehicle; or
(b)the person is not—
(i)authorised by the operator to drive the vehicle or take the prescribed action; or
(ii)qualified to drive the vehicle or take the prescribed action.
(1F)In running the engine, the person is exempt from a provision of a transport Act to the extent the provision would require the person to be qualified to take the prescribed action.
(2)An authorised officer may require the person in control of a vehicle, or a person who is in or has just left the vehicle, to do or not to do anything the officer reasonably believes is necessary—
(a)to enable the officer to safely exercise a power under a transport Act in relation to the vehicle; or
(b)to preserve the safety of the officer, the person or other persons.

Examples—

require the persons in the vehicle to get out of the vehicle while the authorised officer inspects the vehicle’s undercarriage
require a person who has just left the vehicle to stand back from the carriageway of the road
require a person to remain in control of the vehicle for a reasonable time
(2A)A requirement under subsection (1) or (2) may be made orally, in writing or in any other way, including, for example, by way of a sign, electronic or other signal, post, telephone, facsimile, electronic mail or radio.
(3)A person must comply with a requirement under subsection (1) or (2), unless the person has a reasonable excuse.

Maximum penalty—

(a)for a power exercised in relation to a private vehicle other than a suspected dangerous goods vehicle—60 penalty units; or
(b)for a power exercised in relation to a suspected dangerous goods vehicle, a heavy vehicle, a prescribed vehicle or the transport of dangerous goods—90 penalty units.

s 39 amd 2007 No. 43 ss 33 sch, 46; 2008 No. 67 s 62; 2008 No. 66 s 4 sch pt 2; 2013 No. 26 s 60; 2014 No. 43 s 117 sch 1

39AAdditional power for Explosives Act 1999 for particular authorised officers

(1)This section applies if a vehicle has been stopped under—
(a)section 31(2) or 32(2); or
(b)the Heavy Vehicle National Law (Queensland).
(2)An authorised officer who is also an inspector under the Explosives Act 1999 may check the vehicle to find out—
(a)whether the vehicle is carrying explosives within the meaning of the Explosives Act 1999; and
(b)if the vehicle is carrying explosives—whether the explosives are being carried as required under the Explosives Act 1999.
(3)The authorised officer may exercise powers the person has under this Act or the Explosives Act 1999, or both.

s 39A ins 2004 No. 40 s 14

amd 2013 No. 26 s 61

Subdivision 4 Other provisions about stopping and moving vehicles etc.

ch 3 pt 3 div 2 sdiv 4 hdg ins 2007 No. 43 s 47

39BStopped or moved vehicle to remain at a place

(1)This section applies if a person is required to—
(a)stop a vehicle under section 31 or 32; or
(b)move a vehicle to a place under section 33 or 33A.
(2)The person must not allow the vehicle to be moved from the place where it is stopped or moved to, until the end of the time reasonably necessary to enable the authorised officer to perform a function or exercise a power for which the vehicle was stopped or moved.

Maximum penalty—60 penalty units.

s 39B ins 2007 No. 43 s 47

amd 2008 No. 66 s 4 sch pt 1; 2013 No. 26 s 62

39CInterfering with equipment or load of particular vehicles

(1)This section applies if a person is required—
(a)to stop a vehicle under section 32; or
(b)to move a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle to a place under section 33; or
(c)to move a vehicle to a place under section 33A.
(2)A person must not, for the time reasonably necessary to enable the authorised officer to perform a function or exercise a power for which the vehicle was stopped or moved—
(a)interfere with any equipment in the vehicle; or
(b)unload or change the position of any part of the vehicle’s load.

Maximum penalty—60 penalty units.

s 39C ins 2007 No. 43 s 47

amd 2008 No. 66 s 4 sch pt 1; 2008 No. 67 s 63; 2010 No. 13 s 3 sch pt 1; 2013 No. 26 s 63

Subdivision 5 [Repealed]

ch 3 pt 3 div 2 sdiv 5 hdg ins 2007 No. 43 s 47

om 2013 No. 26 s 64

39D[Repealed]

s 39D ins 2007 No. 43 s 47

om 2013 No. 26 s 64

39E[Repealed]

s 39E ins 2007 No. 43 s 47

amd 2008 No. 66 s 4 sch pt 1

om 2013 No. 26 s 64

39F[Repealed]

s 39F ins 2007 No. 43 s 47

amd 2008 No. 66 s 4 sch pt 1

om 2013 No. 26 s 64

39G[Repealed]

s 39G ins 2007 No. 43 s 47

amd 2008 No. 66 s 4 sch pt 1

om 2013 No. 26 s 64

39H[Repealed]

s 39H ins 2007 No. 43 s 47

om 2013 No. 26 s 64

Subdivision 6 [Repealed]

ch 3 pt 3 div 2 sdiv 6 hdg ins 2008 No. 31 s 49

om 2013 No. 26 s 64

39I[Repealed]

s 39I ins 2008 No. 31 s 49

om 2013 No. 26 s 64

39J[Repealed]

s 39J ins 2008 No. 31 s 49

amd 2008 No. 67 s 159

om 2013 No. 26 s 64

39K[Repealed]

s 39K ins 2008 No. 31 s 49

amd 2008 No. 67 s 160

om 2013 No. 26 s 64

39L[Repealed]

s 39L ins 2008 No. 31 s 49

amd 2008 No. 67 s 161

om 2013 No. 26 s 64

39M[Repealed]

s 39M ins 2008 No. 31 s 49

om 2013 No. 26 s 64

39N[Repealed]

s 39N ins 2008 No. 31 s 49

om 2013 No. 26 s 64

39O[Repealed]

s 39O ins 2008 No. 31 s 49

amd 2008 No. 66 s 4 sch pt 1

om 2013 No. 26 s 64

Subdivision 7 [Repealed]

ch 3 pt 3 div 2 sdiv 7 hdg ins 2010 No. 19 s 257

om 2013 No. 26 s 64

39P[Repealed]

s 39P ins 2010 No. 19 s 257

om 2013 No. 26 s 64

39Q[Repealed]

s 39Q ins 2010 No. 19 s 257

om 2013 No. 26 s 64

39R[Repealed]

s 39R ins 2010 No. 19 s 257

om 2013 No. 26 s 64

39S[Repealed]

s 39S ins 2010 No. 19 s 257

om 2013 No. 26 s 64

39T[Repealed]

s 39T ins 2010 No. 19 s 257

om 2013 No. 26 s 64

39U[Repealed]

s 39U ins 2010 No. 19 s 257

om 2013 No. 26 s 64

39V[Repealed]

s 39V ins 2010 No. 19 s 257

om 2013 No. 26 s 64

39W[Repealed]

s 39W ins 2010 No. 19 s 257

om 2013 No. 26 s 64

Division 3 Power to seize evidence

40Power to seize evidence

(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—
(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)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—
(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 or destroyed or used to continue or repeat the offence.
(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.

s 40 amd 2013 No. 26 s 65

40AFurther 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
(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.

s 40A ins 2007 No. 43 s 48

amd 2008 No. 67 s 64; 2013 No. 26 s 66

41Powers supporting seizure

(1)Having seized a thing under this division, an authorised officer may—
(a)move the thing from the place or vehicle where it was seized (the place of seizure); or
(b)leave the thing at the place of seizure but take reasonable action to restrict access to it.

Examples of restricting access to a thing—

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
(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.

(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.
(4)The requirement—
(a)must be made by notice in the approved form; or
(b)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.
(5)The person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—60 penalty units.

s 41 amd 2007 No. 43 s 33 sch

42Receipt for seized things

(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)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)An authorised officer need not give a receipt for a seized thing if—
(a)the thing is unattended when seized; and
(b)the officer does not know who the owner of the thing is; and
(c)the officer can not find the owner after making reasonable inquiries (given the thing’s value).
(4)The receipt must generally describe each thing seized and its condition.

43Forfeiture of seized things

(1)A seized thing is forfeited to the State if the chief executive or commissioner—
(a)can not find its owner after making reasonable inquiries (given the thing’s value); or
(b)is unable, after making reasonable efforts, to return it to its owner; or
(c)reasonably believes—
(i)possession of the thing is an offence against a transport Act; or
(ii)it is necessary to keep the thing to prevent it being used to commit an offence against a transport Act; or
(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
(iv)the thing is inherently unsafe.
(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.
(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).
(4)The notice must state—
(a)the reasons for the decision; and
(b)the prescribed review information for the decision.

s 43 amd 1997 No. 66 s 118; 2009 No. 24 s 1781

44Dealing with forfeited things

(1)On the forfeiture of a thing—
(a)it becomes the State’s property; and
(b)it may be dealt with as the chief executive or commissioner considers appropriate.
(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)Until a seized thing is forfeited or returned, an authorised officer must allow its owner—
(a)to inspect it; or
(b)if it is a document—to copy it.
(2)Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.

s 45 amd 2008 No. 67 s 65

46Return of seized things

(1)If a seized thing has not been forfeited, the chief executive or commissioner must return it to its owner at the end of—
(a)6 months; or
(b)if a proceeding for an offence involving it is started within the 6 months—the proceeding and any appeal from the proceeding.
(2)Despite subsection (1), the authorised officer must return the seized thing to its owner immediately the officer stops being satisfied—
(a)its retention as evidence of an offence against a transport Act is necessary; or
(b)for equipment seized under section 40A(3)(c)—the equipment is needed to access the information.
(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.

s 46 amd 2007 No. 43 s 49

Division 3A Additional seizure powers for certain vehicles for sale

ch 3 pt 3 div 3A hdg ins 1997 No. 66 s 119

46ASeizing certain vehicles for sale

(1)This section applies if—
(a)an authorised officer reasonably believes a vehicle is for sale on a place that is not—
(i)the premises of a person licensed to conduct the business of a motor dealer under the Motor Dealers and Chattel Auctioneers Act 2014; or
(ii)a private dwelling or its curtilage; and
(b)a document specified under a regulation for the vehicle is—
(i)not displayed on the vehicle in the way required under the regulation; or
(ii)if a document is displayed on the vehicle as required under the regulation and the authorised officer has inspected the vehicle under section 34—in the reasonable opinion of the officer, false or misleading in a material particular; and
(c)the authorised officer reasonably believes an offence that may be constituted by anything mentioned in paragraph (b) involving the vehicle has been committed; and
(d)the authorised officer, after making reasonable inquiries—
(i)can not find the person (the seller) selling the vehicle, whether as owner or otherwise; or
(ii)if the seller is found, reasonably believes a name or address given by the seller is false; and
(e)while making the inquiries, the authorised officer warned any person to whom the officer has made an inquiry about the vehicle that it may be seized if the authorised officer—
(i)can not find the seller; or
(ii)reasonably believes the things mentioned in paragraph (d)(ii).
(2)The authorised officer may seize the vehicle and move it from the place where it was seized.
(3)A person may reclaim the vehicle by—
(a)satisfying an authorised officer the person claiming the vehicle is the owner; and
(b)paying the reasonable costs of seizing, moving and storing the vehicle and the seizure notice under subsection (4).
(4)The chief executive must, as soon as possible after a vehicle is seized under this section, give notice (a seizure notice) of its seizure in a newspaper circulating in the locality where the vehicle was seized.
(5)The seizure notice must state the following—
(a)a description of the vehicle and any registration number displayed on it;
(b)where and when it was seized;
(c)a statement to the effect of subsection (3).
(6)If the vehicle is not reclaimed within 1 month after the seizure notice is published, the chief executive may sell the vehicle by public auction.
(7)The proceeds of the sale of the vehicle must be applied in the following order—
(a)in payment of the expenses of the sale;
(b)in payment of the costs of seizing, moving and storing the vehicle and the seizure notice;
(c)if there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest;
(d)in payment of the balance to the owner, or if the owner can not be found, into the consolidated fund.
(7A)A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (7)(a) or (b).
(8)An authorised officer is taken to have made reasonable inquiries to find a person mentioned in subsection (1)(d) if the officer has not been able to find the person after making reasonable inquiries—
(a)at an address indicated on or near the vehicle not more than 10km from the vehicle; or
(b)by making a telephone call to a phone number displayed on or near the vehicle.
(9)Sections 42 and 45 apply to a vehicle seized under this section with all necessary changes.
(10)In this section—
secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 10.

s 46A ins 1997 No. 66 s 119

amd 2000 No. 62 s 601 sch 2; 2010 No. 44 s 225; 2014 No. 20 s 238 sch 3 pt 2

Division 3B Embargo notice for evidence about heavy vehicle or dangerous goods

ch 3 pt 3 div 3B hdg ins 2007 No. 43 s 50

amd 2008 No. 67 s 66

46BEmbargo notice

(1)This section applies if—
(a)an authorised officer may seize a document, device or other thing under this part in relation to a heavy vehicle, a prescribed dangerous goods vehicle or the transport of dangerous goods; and
(b)the thing can not, or can not readily, be physically seized and removed.
(2)The authorised officer may issue a written notice (embargo notice) under this section prohibiting any dealing with the thing or any part of it without the written consent of the chief executive, commissioner or authorised officer.
(3)The embargo notice—
(a)must be in the approved form, or contain the particulars prescribed under a regulation; and
(b)must list the activities it prohibits; and
(c)must set out a copy of section 46C(1) and (3).
(4)The authorised officer may issue the embargo notice—
(a)by causing a copy of it to be served on the relevant entity; or
(b)if the relevant entity can not be located after all reasonable steps have been taken to do so, by fixing a copy of the embargo notice in a prominent position on the thing the subject of the notice.
(5)In this section—
dealing, with a thing or part of a thing, includes—
(a)moving, selling, leasing or transferring the thing or part; and
(b)changing information on, or deleting information from, the thing or part.
relevant entity, for an embargo notice, means—
(a)the person in control of the heavy vehicle or prescribed dangerous goods vehicle to which the thing the subject of the embargo notice relates; or
(b)the occupier of the place in which the thing the subject of the embargo notice is located.

s 46B ins 2007 No. 43 s 50

amd 2008 No. 67 s 67

46CNoncompliance with embargo notice

(1)A person who knows that an embargo notice relates to a document, device or other thing (the embargoed thing) must not—
(a)do anything the notice prohibits; or
(b)instruct someone else to do anything the notice prohibits or prohibits the person from doing.

Maximum penalty—80 penalty units.

(2)In a proceeding for an offence against subsection (1) to the extent it relates to a charge that the person charged with the offence (defendant) moved the embargoed thing, or part of it, it is a defence if the defendant proves that he or she—
(a)moved the embargoed thing, or part of it, to protect or preserve it; or
(b)notified the authorised officer who issued the embargo notice of the move and new location of the embargoed thing, or part of it, within 48 hours after the move.
(3)A person served with an embargo notice must take all reasonable steps to stop any other person from doing anything forbidden by the notice.

Maximum penalty—80 penalty units.

(4)Despite any other Act or law, a sale, lease, transfer or other dealing with an embargoed thing in contravention of this section is void.

s 46C ins 2007 No. 43 s 50

amd 2008 No. 66 s 4 sch pt 1

Division 4 General powers

47Power to set up checkpoints

(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 under the Explosives Act 1999 may set up checkpoints to inspect motor vehicles to ensure compliance with that Act.
(3)Under an approved program, an authorised officer may set up a checkpoint on a road, or elsewhere with its occupier’s consent.

s 47 amd 2004 No. 40 s 15

48Power to require name and address

(1)This section applies if—
(a)an authorised officer finds a person committing an offence against a transport Act; or
(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

Example of an offence against a transport Act—

an offence against the Queensland Road Rules, section 154(1) or 156(1)
(c)a vehicle is stationary on a road or has been stopped under section 32.
(2)The officer may require the following person to state the person’s name and address—
(a)for subsection (1)(a) or (b)—the person mentioned in the relevant paragraph;
(b)for subsection (1)(c)—the person in control of the vehicle mentioned in the paragraph.
(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.
(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.
(5)A person must comply with a requirement under subsection (2) or (4), unless the person has a reasonable excuse.

Maximum penalty—60 penalty units.

(6)A person does not commit an offence against subsection (5) if—
(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
(b)the person is not proved to have committed the offence.

s 48 amd 2000 No. 5 s 461 sch 3; 2004 No. 53 s 2 sch; 2007 No. 43 s 33 sch; 2009 No. 47 s 32

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

(1)This section applies if—
(a)an authorised officer finds a person committing a vehicle offence or dangerous goods offence; or
(b)an authorised officer reasonably suspects a person has committed, or is about to commit, a vehicle offence or dangerous goods offence; or
(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
(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—
(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;
(ii)for a dangerous goods offence or suspected dangerous goods offence—a person involved in the transport of the relevant dangerous goods.
(2)The officer may require the person to state the person’s personal details.
(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.
(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.
(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.

(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.
(7)A person does not commit an offence against subsection (5) if—
(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
(b)the person is not proved to have committed the offence.
(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.

s 48A ins 2007 No. 43 s 51

amd 2008 No. 66 s 4 sch pt 1; 2008 No. 67 s 68; 2010 No. 13 s 23; 2013 No. 26 s 67

49Power to require documents to be produced

(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.

Examples—

an Australian driver licence
a logbook
transport documentation
(2)The person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—45 penalty units.

(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).
(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—
(a)the Transport Infrastructure Act 1994, section 46; or
(b)the Queensland Road Rules, section 100, 154(1) or 156(1).
(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.
(2D)The place nominated under subsection (2C) must be an office of the department that is reasonable in the circumstances.
(3)The officer may keep the document to make a note on it or copy it.
(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.
(5)The person must certify the copy, unless the person has a reasonable excuse.

Maximum penalty—45 penalty units.

(6)The officer must return the document to the person as soon as practicable after making the note or copying it.
(7)Despite subsections (3) and (6), a regulation may provide that an authorised officer may seize a document if—
(a)the document is a licence and the authorised officer reasonably believes any of the following—
(i)the licence has been cancelled or suspended;
(ii)the licence has ended;
(iii)the licence has been amended and the amendment is not recorded on the licence;
(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
(b)the document purports to be a licence and the authorised officer reasonably believes the document is not a licence.

s 49 amd 2007 No. 43 s 52; 2008 No. 31 s 50; 2008 No. 66 s 4 sch pt 1; 2008 No. 67 s 69; 2009 No. 47 s 33; 2011 No. 12 s 97; 2011 No. 33 s 28; 2013 No. 26 s 68

49ADirection to provide information about transport of dangerous goods

(1)This section applies to a person involved in the transport of dangerous goods.
(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)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—
(a)the location of the start or intended start of the journey;
(b)the route or intended route of the journey;
(c)the location of the destination or intended destination of the journey.
(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.
(5)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.

(6)It is a reasonable excuse for an individual to fail to give the information if giving the information might tend to incriminate the individual.
(7)In this section—
compliance purposes means—
(a)to find out whether this Act is being complied with; or
(b)to investigate a vehicle offence, suspected vehicle offence, dangerous goods offence, or a suspected dangerous goods offence.
dangerous goods offence see section 48A(8).
vehicle offence see section 48A(8).

s 49A ins 2008 No. 67 s 70

amd 2008 No. 66 s 4 sch pt 2; 2010 No. 13 s 24; 2013 No. 26 s 69

50[Repealed]

s 50 amd 1997 No. 66 s 120; 1999 No. 42 s 54 (2) sch amdt 169; 2002 No. 71 s 16; 2007 No. 43 s 33 sch; 2008 No. 66 s 4 sch pt 1

om 2013 No. 26 s 70

50A[Repealed]

s 50A ins 1997 No. 66 s 121

om 2008 No. 67 s 72

50AA[Repealed]

s 50AA ins 2002 No. 71 s 17

amd 2003 No. 69 s 3; 2007 No. 43 s 53; 2008 No. 66 s 4 sch pt 1; 2010 No. 13 s 3 sch pt 1

om 2013 No. 26 s 70

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

(1)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.

Examples of documents or information—

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

Maximum penalty—90 penalty units.

(3)For subsection (1), a relevant person for the heavy vehicle is—
(a)a person in control of the vehicle; or
(b)a person at a place entered by the authorised officer for exercising a power under this Act in relation to the heavy vehicle.
(4)In this section—
information includes electronically stored information.

s 50AB ins 2007 No. 43 s 54

amd 2008 No. 66 s 4 sch pt 1; 2008 No. 67 s 71; 2010 No. 13 s 25; 2013 No. 26 s 71

Division 5 [Repealed]

ch 3 pt 3 div 5 hdg ins 1997 No. 66 s 121

om 2008 No. 67 s 72

Part 4 [Repealed]

ch 3 pt 4 hdg om 2000 No. 5 s 461 sch 3

51[Repealed]

s 51 om 2000 No. 5 s 461 sch 3

Part 4A [Repealed]

ch 3 pt 4A hdg ins 1997 No. 66 s 122

om 2008 No. 67 s 73

51A[Repealed]

s 51A ins 1997 No. 66 s 122

om 2008 No. 67 s 73

51B[Repealed]

s 51B ins 1997 No. 66 s 122

om 2008 No. 67 s 73

51C[Repealed]

s 51C ins 1997 No. 66 s 122

om 2008 No. 67 s 73

51D[Repealed]

s 51D ins 1997 No. 66 s 122

om 2008 No. 67 s 73

51E[Repealed]

s 51E ins 1997 No. 66 s 122

om 2008 No. 67 s 73

Part 4B Reciprocal powers of authorised officers

ch 3 pt 4B hdg ins 2007 No. 43 s 55

51FReciprocal powers

(1)This section has effect in relation to the Commonwealth or another State (the other jurisdiction) while a law of the other jurisdiction contains a provision corresponding to this section.
(2)The Minister may enter into an agreement with a Minister of the other jurisdiction for the purposes of this section and to amend or revoke the agreement.
(3)To the extent envisaged by the agreement—
(a)an authorised officer, other than a police officer, may, in Queensland or the other jurisdiction, exercise a power in relation to a relevant matter that is conferred on officers of the other jurisdiction under the law of the other jurisdiction; and
(b)an authorised officer who is a police officer may, in Queensland or the other jurisdiction, exercise a power in relation to a relevant matter that is conferred on a police officer of the other jurisdiction under the law of the other jurisdiction; and
(c)an officer, other than a police officer, of the other jurisdiction may, in Queensland or the other jurisdiction, exercise a power in relation to a relevant matter that is conferred on authorised officers, other than police officers, under this Act; and
(d)a police officer of the other jurisdiction may, in Queensland or the other jurisdiction, exercise a power in relation to a relevant matter that is conferred on authorised officers who are police officers under this Act.
(4)However, if, under this Act or the law of the other jurisdiction, a power may only be exercised in relation to a relevant matter by a police officer, an authorised officer who is not a police officer must not exercise the power in relation to a relevant matter in Queensland or the other jurisdiction.
(5)Anything done or omitted to be done by an authorised officer or police officer under subsection (3)(a) or (b) is taken to have been done under this Act as well as under the law of the other jurisdiction.
(6)A regulation may make provision for the exercise of a power under this section.
(7)Nothing in this section affects the appointment under section 20(2) of a person as an authorised officer for this Act.
(8)In this section—
relevant matter means—
(a)a prescribed dangerous goods vehicle; or
(b)the transport of dangerous goods.

s 51F amd 2008 No. 67 s 74; 2013 No. 26 s 72

Part 4C Chief executive’s powers for vehicles, loads or other things

ch 3 pt 4C hdg ins 2007 No. 43 s 55

amd 2008 No. 67 s 185

Division 1 Definitions

ch 3 pt 4C div 1 hdg ins 2008 No. 67 s 187

51GAA Definitions

In this part—
control includes possession.
load includes any goods, equipment or thing—
(a)that is carried by, in or on a vehicle, or is attached to a vehicle, mentioned in section 51G; or
(b)that was carried by, in or on a vehicle or attached to a vehicle, on a road but has become separated from the vehicle.
moving expenses, for a removed thing, means actual expenses relating to 1 or more of the following acts—
(a)calling a service or towing vehicle to the removed thing on a road;
(b)moving the removed thing on a road;
(c)removing the removed thing from a road;
(d)storing the removed thing after it has been removed from a road;
(e)releasing a removed thing mentioned in paragraph (d) from storage;
(f)disposing of a removed thing mentioned in paragraph (c) other than by selling it.

s 51GAA def moving expenses amd 2008 No. 67 ss 190 (1), (3), 191 (1)

reloc from s 51H2008 No. 67 s 191 (2)

removed thing means a vehicle, load or other thing moved or removed under section 51G.
used, for something other than a vehicle, includes held in someone’s possession.

s 51GAA ins 2008 No. 67 s 187

Division 2 Moving vehicles, loads or other things

ch 3 pt 4C div 2 hdg (prev ch 3 pt 4C div 1 hdg) ins 2007 No. 43 s 55

renum 2008 No. 67 s 186

amd 2008 No. 67 s 188

51GMoving abandoned, or otherwise stationary, vehicle, load or other thing on road

(1)This section applies if—
(a)any of the following applies—
(i)a vehicle or load on a road is immobilised by a breakdown, collision or fuel shortage or is otherwise stationary;
(ii)another thing that is not abandoned is placed or comes to rest on a road;
(iii)the chief executive reasonably believes a vehicle, load or other thing on a road is abandoned; and
(b)either—
(i)the chief executive can not immediately find the person in control of the vehicle, load or other thing; or
(ii)the chief executive can immediately find the person in control of the vehicle, load or other thing but reasonably believes the person is unable or unwilling to move the vehicle, load or other thing immediately.
(2)The chief executive may take the steps that are reasonably necessary to move the vehicle, load or other thing on, or remove the vehicle, load or other thing from, the road.

Example of reasonably necessary steps—

driving, pushing or towing the vehicle, load or other thing
(3)If the chief executive asks a service or towing vehicle operator to move or remove the vehicle, load or other thing, the service or towing vehicle operator may take the steps that are reasonably necessary to move or remove it as requested.
(4)However, for a vehicle, load or other thing mentioned in subsection (1)(a)(i) or (ii), the chief executive may take the steps mentioned in subsection (2) only if the chief executive reasonably believes it is necessary for the safety or convenience of people using the road.

s 51G ins 2007 No. 43 s 55

amd 2008 No. 67 s 189; 2014 No. 43 s 117 sch 1

Division 3 Recovering moving expenses

ch 3 pt 4C div 3 hdg (prev ch 3 pt 4C div 2 hdg) ins 2007 No. 43 s 55

renum 2008 No. 67 s 186

51H[Repealed]

s 51H ins 2007 No. 43 s 55

amd 2008 No. 67 s 191 (2)

om 2008 No. 67 s 191 (3)

51IRecovering moving expenses

(1)The chief executive may recover as a debt the moving expenses for a removed thing incurred by the State under this part.
(2)The moving expenses may be recovered from—
(a)the person who was in control of the removed thing immediately before it was moved or removed; or
(b)if the identity of the person mentioned in paragraph (a) can not be discovered—the removed thing’s owner, unless the removed thing was being used without the owner’s consent.
(3)The moving expenses claimed under subsection (1) must be reasonable.
(4)If moving expenses were incurred because of the paramount or high degree of importance given to moving or removing the removed thing on or from the road quickly as mentioned in section 51N(2)(a), a court must act on the basis that the expenses were reasonable.

s 51I ins 2007 No. 43 s 55

amd 2008 No. 67 ss 190 (1)–(2), 192

51JNotice to owner

(1)As soon as practicable, but within 14 days after removing a removed thing from a road, the chief executive must give the owner of the removed thing a written notice—
(a)stating that the removed thing has been removed; and
(b)explaining how it may be recovered; and
(c)stating that it may be sold if it is not recovered.
(2)If the owner can not be identified or located within the 14 days, the notice may be given by publishing it in a newspaper circulating generally in the State.
(3)The chief executive need not give the notice required by this section for a vehicle if—
(a)the chief executive reasonably believes the vehicle is abandoned; and
(b)either—
(i)the proceeds of the vehicle’s sale are not likely to cover—
(A)the moving expenses for the vehicle; and
(B)the expenses incurred by the chief executive in selling the vehicle; or
(ii)it is otherwise impracticable to give the notice.
(4)The chief executive need not give the notice required by this section for a removed thing other than a vehicle if—
(a)the chief executive reasonably believes the removed thing is abandoned; or
(b)the proceeds of the removed thing’s sale are not likely to cover—
(i)the moving expenses for the removed thing; and
(ii)the expenses incurred by the chief executive in selling the removed thing; or
(c)it is otherwise impracticable to give the notice.
(5)In this section—
removed thing other than a vehicle, for subsection (4), includes anything, including the load of a vehicle, that has become separated from the vehicle during the exercise of powers under this part.
vehicle, for subsection (3), includes the vehicle’s load to the extent it has remained with the vehicle during the exercise of powers under this part.

s 51J ins 2007 No. 43 s 55

amd 2008 No. 67 ss 190 (1), (3), 193

51KReleasing removed thing

(1)The chief executive must release a removed thing that was removed from a road to its owner if—
(a)the removed thing was used by a person without the owner’s consent immediately before it was removed; or
(b)the removed thing was used by the owner or a person with the owner’s consent immediately before it was removed and the moving expenses for the removed thing have been paid.
(2)Subsection (1) does not apply if the chief executive has disposed of the removed thing under section 51L or 51M.

s 51K ins 2007 No. 43 s 55

amd 2008 No. 67 ss 190 (1), (3), 194

51LDisposing of removed thing

(1AA)This section is subject to section 51M.
(1)The chief executive may dispose of a removed thing removed from a road if—
(a)the moving expenses for the removed thing are not paid within 2 months after a notice is given to the removed thing’s owner under section 51J; or
(b)the chief executive decides under section 51J(3) or (4) not to give a notice to the removed thing’s owner and at least 2 months have passed since the chief executive made the decision.
(2)Unless subsection (3) applies, the chief executive may only dispose of the removed thing by selling it.
(3)If the sale proceeds of the removed thing are not likely to cover the moving expenses and sale expenses for the removed thing, the chief executive may dispose of the removed thing in the way the chief executive considers appropriate.
(4)If the removed thing is sold, the sale proceeds must be applied in making payments in the following order—
(a)the sale expenses for the removed thing;
(b)the moving expenses for the removed thing;
(c)if there is an amount owing to an entity under a security interest registered for the removed thing under the Personal Property Securities Act 2009 (Cwlth)—the amount owing under the security interest;
(d)the balance to the owner of the removed thing or, if the owner can not be found, to the consolidated fund.
(4A)A secured party can not enforce any security interest in the proceeds of sale against an entity to whom an amount is payable under subsection (4)(a) or (b).
(5)If the sale proceeds are less than the moving expenses and sale expenses for the removed thing, the difference is a debt payable to the State by the person who is liable under section 51I for the moving expenses.
(6)The chief executive may waive all or part of the moving expenses and sale expenses.
(7)Compensation is not recoverable against the chief executive or the State for a payment made under this section.
(8)In this section—
sale expenses, for a removed thing, means the expenses reasonably incurred by the chief executive in selling the removed thing.
secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 10.

s 51L ins 2007 No. 43 s 55

amd 2008 No. 67 ss 190, 195; 2010 No. 13 s 3 sch pt 1; 2010 No. 44 s 226

51MImmediate disposal in particular circumstances

(1)Despite any other provision of this part, the chief executive may dispose of a removed thing other than a vehicle when and in the way the chief executive considers appropriate if—
(a)the chief executive reasonably believes the removed thing has been abandoned; or
(b)the proceeds of any sale of the removed thing are unlikely to cover—
(i)the moving expenses for the removed thing; and
(ii)the expenses likely to be incurred by the chief executive in selling the removed thing; or
(c)it is otherwise impracticable to retain the removed thing.

Example—

The chief executive may immediately dispose of gravel spilled on a road by a passing truck by having it bulldozed off the side of the road.
(2)In this section—
removed thing other than a vehicle see section 51J(5).

s 51M ins 2008 No. 67 s 196

Division 4 Other provisions

ch 3 pt 4C div 4 hdg ins 2008 No. 67 s 197

51NProtection for persons exercising power under pt 4C

(1)This section applies to proceedings in relation to liability for breach of duty arising out of damage to a removed thing that happens when a person exercises power, or assists another person exercising power, under this part in relation to the removed thing.
(2)The person, a person assisting the person, the State or a local authority is not civilly liable—
(a)because of the paramount or high degree of importance the person gave to moving or removing the removed thing on or from the road quickly; or
(b)to the extent there was an increased likelihood that vehicles, loads and other things would be damaged in the exercise of power under this part, because of the nature of the power.

s 51N ins 2008 No. 67 s 197

51ORelationship with s 66

The powers of the chief executive under this part are not limited by a local law made under section 66(3) and section 66(6) does not apply to this part.

s 51O ins 2008 No. 67 s 197

51PRelationship with s 137

The powers of the chief executive under this part are not limited by the obligation imposed on a person by section 137(2) or anything a person is doing, attempting to do or proposing to do to comply with the person’s obligations under the section.

s 51P ins 2008 No. 67 s 197

Part 5 Offences

ch 3 pt 5 hdg sub 2019 No. 25 s 75

ch 3 pt 5 div 1 hdg om 2019 No. 25 s 76

ch 3 pt 5 div 1 sdiv 1 hdg ins 2007 No. 43 s 33 sch

om 2013 No. 26 s 73

ch 3 pt 5 div 1 sdiv 2 hdg ins 2007 No. 43 s 61

om 2013 No. 26 s 75

ch 3 pt 5 div 1 sdiv 3 hdg ins 2007 No. 43 s 63

om 2013 No. 26 s 75

ch 3 pt 5 div 1 sdiv 4 hdg ins 2008 No. 67 s 173

om 2013 No. 26 s 75

ch 3 pt 5 div 2 hdg om 2019 No. 25 s 79

52False or misleading statements

(1)In this section—
official means the chief executive, the commissioner, an authorised officer or an accredited person.
(2)A person must not state anything to an official for a transport Act that the person knows is false or misleading in a material particular.

Maximum penalty—

(a)if the statement relates to a heavy vehicle, a prescribed dangerous goods vehicle or the transport of dangerous goods—100 penalty units; or
(b)if paragraph (a) does not apply and the statement is made in an online declaration under section 114—60 penalty units or 2 years imprisonment; or
(c)otherwise—60 penalty units.

(3)It is enough for a complaint against a person for an offence against subsection (2) to state that the statement made was false or misleading to the person’s knowledge.

s 52 amd 1999 No. 42 s 31; 2007 No. 43 s 56; 2008 No. 67 s 75; 2008 No. 66 s 4 sch pt 2; 2019 No. 25 s 77

53False or misleading documents, generally

(1)In this section—
official means the chief executive, the commissioner, an authorised officer or an accredited person.
(2)A person must not give, for a transport Act, an official a document containing information the person knows is false or misleading in a material particular.

Maximum penalty—

(a)if the document relates to a heavy vehicle, a prescribed dangerous goods vehicle or the transport of dangerous goods—100 penalty units; or
(b)if paragraph (a) does not apply and the document is, or is part of, an online declaration under section 114—60 penalty units or 2 years imprisonment; or
(c)otherwise—60 penalty units.

(3)Subsection (2) does not apply to a person if the person, when giving the document—
(a)informs the official, to the best of the person’s ability, how it is false or misleading; and
(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.
(4)It is enough for a complaint against a person for an offence against subsection (2) to state that the information given was false or misleading to the person’s knowledge.

s 53 amd 1995 No. 57 s 4 sch 2; 1997 No. 66 s 123; 1999 No. 42 s 32; 2007 No. 43 s 57; 2008 No. 67 s 76; 2008 No. 66 s 4 sch pt 2; 2019 No. 25 s 78

53AProof of giving false and misleading statements and documents

(1)This section applies to a proceeding for an offence against section 52 or 53.
(2)It is sufficient proof the statement was made, or the document was given, to the official to prove it was made or given to a person authorised to receive it.
(3)It does not matter whether the person was an official or whether the authorisation was a delegation, agency or any other form of authorisation by which someone acts through another.

s 53A ins 2004 No. 9 s 62

53B[Repealed]

s 53B ins 2007 No. 43 s 58

amd 2008 No. 31 s 51; 2008 No. 66 s 4 sch pt 1; 2010 No. 13 s 3 sch pt 1

om 2013 No. 26 s 74

53C[Repealed]

s 53C ins 2007 No. 43 s 58

amd 2008 No. 66 s 4 sch pt 1; 2010 No. 13 s 3 sch pt 1

om 2013 No. 26 s 74

53D[Repealed]

s 53D ins 2007 No. 43 s 58

amd 2008 No. 66 s 4 sch pt 1

om 2013 No. 26 s 74

54Obstructing authorised officers or accredited persons

(1)A person must not obstruct an official in the exercise of a power, unless the person has a reasonable excuse.

Maximum penalty—

(a)if paragraph (b) does not apply—60 penalty units; or
(b)if the official is an authorised officer exercising a power in relation to a heavy vehicle, a prescribed dangerous goods vehicle or the transport of dangerous goods—80 penalty units.

(2)If a person has obstructed an official under subsection (1) and the official decides to exercise the power, the official must, if practicable, warn the person—
(a)that the official considers the person’s conduct is obstructing the official; and
(b)that it is an offence to obstruct the official unless the person has a reasonable excuse.
(3)In this section—
obstruct includes abuse, hinder, insult, intimidate, resist and threaten and attempt to obstruct.
official means an authorised officer or accredited person.

s 54 sub 2002 No. 71 s 18

amd 2007 No. 43 s 59; 2008 No. 67 s 77; 2008 No. 66 s 4 sch pt 2

55Pretending to be an authorised officer or accredited person

A person must not pretend to be—
(a)an authorised officer; or
(b)an accredited person.

Maximum penalty—

(a)for paragraph (a)—100 penalty units; or
(b)for paragraph (b)—60 penalty units.

s 55 sub 2007 No. 43 s 60

amd 2008 No. 67 s 78; 2008 No. 66 s 4 sch pt 2

56Using documents voided for nonpayment

(1)This section applies to a person (the applicant) who pays the fee for a licence or other document under a transport Act by cheque or other method of payment.
(1A)However, this section does not apply to a licence or other document specified under a regulation.
(2)If the cheque or payment is not honoured on presentation or is later dishonoured—
(a)the licence or document is void from the day it was issued; and
(b)the applicant must, on demand by the chief executive or commissioner, immediately give the licence or document to the department or a police officer.
(3)If, after the demand—
(a)the applicant fails to immediately give the licence or document to the department or a police officer; or
(b)the applicant uses, continues to use, or allows someone else to use, the licence or document; or
(c)a person other than the applicant (the other person) uses, continues to use, or allows someone else to use, the licence or document;

the applicant and the other person commit an offence.

Maximum penalty—60 penalty units.

(4)It is a defence for the other person to prove he or she did not know a demand had been made under subsection (2)(b).
(5)If the State incurs expense because a cheque or payment is not honoured or is later dishonoured—
(a)the applicant must reimburse the expense; and
(b)the amount of the expense may be recovered as a debt payable by the applicant to the State.

s 56 amd 1998 No. 33 s 22; 2010 No. 13 s 3 sch pt 1

57Executive officer may be taken to have committed offence

(1)If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if—
(a)the officer authorised or permitted the corporation’s conduct constituting the offence; or
(b)the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.
(2)The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.
(3)This section does not affect either of the following—
(a)the liability of the corporation for the offence against the deemed executive liability provision;
(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.
(4)In this section—
deemed executive liability provision means any of the following provisions—
section 153A(1)
section 154(3)
section 154(4)
section 154(6)
section 156(2)
section 160(3)
section 161Q.

s 57 sub 1997 No. 66 s 124

amd 2007 No. 43 s 33 sch

sub 2013 No. 51 s 209

57AResponsibility for acts or omissions of representatives

(1)This section applies in a proceeding for an offence against a transport Act.
(2)If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—
(a)the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and
(b)the representative had the state of mind.
(3)An act for a person done, or omitted to be done, by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person unless the person proves—
(a)if the person was in a position to influence the representative’s conduct in relation to the act or omission—the person took all reasonable steps to prevent the act or omission; or
(b)the person was not in a position to influence the representative’s conduct in relation to the act or omission.
(4)In this section—
representative means—
(a)for a corporation—an executive officer, employee or agent of the corporation; or
(b)for an individual—an employee or agent of the individual.

s 57A ins 1997 No. 66 s 124

amd 2007 No. 43 s 33 sch

57AA[Repealed]

s 57AA ins 2007 No. 43 s 61

om 2013 No. 26 s 75

57AB[Repealed]

s 57AB ins 2008 No. 31 s 52

def associate reloc from s 57B(3)2008 No. 31 s 53 (1)

def extended liability offence amd 2010 No. 13 s 26 (1)

def holding company reloc from s 57B(3)2008 No. 31 s 53 (1)

def influencing person amd 2008 No. 67 s 162; 2010 No. 13 s 26 (2)–(5)

def security interest reloc from s 57B(3)2008 No. 31 s 53 (1)

def subsidiary reloc from s 57B(3)2008 No. 31 s 53 (1)

om 2013 No. 26 s 75

57B[Repealed]

s 57B ins 1997 No. 66 s 124

amd 2000 No. 6 s 78 sch; 2002 No. 71 s 19; 2003 No. 69 s 4; 2007 No. 43 ss 62, 33 sch; 2008 No. 31 s 53 (2); 2008 No. 67 s 171; 2010 No. 13 s 3 sch pt 1; 2010 No. 13 s 27

om 2013 No. 26 s 75

57C[Repealed]

s 57C ins 2007 No. 43 s 63

amd 2008 No. 31 s 54; 2008 No. 66 s 4 sch pt 1

om 2013 No. 26 s 75

57D[Repealed]

s 57D ins 2007 No. 43 s 63

amd 2008 No. 31 s 55

om 2013 No. 26 s 75

57DA[Repealed]

s 57DA ins 2008 No. 31 s 56

om 2013 No. 26 s 75

57DB[Repealed]

s 57DB ins 2008 No. 31 s 56

sub 2010 No. 13 s 28

om 2013 No. 26 s 75

57DC[Repealed]

s 57DC ins 2008 No. 31 s 56

sub 2010 No. 13 s 28

om 2013 No. 26 s 75

57DD[Repealed]

s 57DD ins 2008 No. 31 s 56

om 2013 No. 26 s 75

57E[Repealed]

s 57E ins 2007 No. 43 s 63

amd 2008 No. 31 s 57

om 2013 No. 26 s 75

57F[Repealed]

s 57F ins 2007 No. 43 s 63

amd 2010 No. 13 s 29

om 2013 No. 26 s 75

57G[Repealed]

s 57G ins 2007 No. 43 s 63

amd 2008 No. 67 s 172

om 2013 No. 26 s 75

57H[Repealed]

s 57H ins 2008 No. 67 s 173

amd 2010 No. 13 s 30

om 2013 No. 26 s 75

61A[Repealed]

s 61A ins 2007 No. 43 s 67

om 2013 No. 26 s 77

61D[Repealed]

s 61D ins 2007 No. 43 s 67A

om 2013 No. 26 s 80

61E[Repealed]

s 61E ins 2007 No. 43 s 67A

om 2013 No. 26 s 80

61F[Repealed]

s 61F ins 2007 No. 43 s 67A

om 2013 No. 26 s 80

61G[Repealed]

s 61G ins 2007 No. 43 s 67A

om 2013 No. 26 s 80

61H[Repealed]

s 61H ins 2008 No. 67 s 163

om 2013 No. 26 s 80

61I[Repealed]

s 61I ins 2008 No. 67 s 163

om 2013 No. 26 s 80

61J[Repealed]

s 61J ins 2008 No. 67 s 163

om 2013 No. 26 s 80

Part 6 General

63Notice of damage

(1)This section applies if—
(a)an authorised officer damages anything when exercising or purporting to exercise a power under a transport Act; or
(b)a person acting under the direction or authorisation of an authorised officer damages anything.
(2)The officer must promptly give written notice of particulars of the damage to the following person—
(a)if the thing is a vehicle that has a registered operator—the registered operator;
(b)if the thing is anything else—the person who appears to be its owner.
(3)If the officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer’s control, the officer may state it in the notice.
(4)If, for any reason, it is not practicable to comply with subsection (2), the officer must leave the notice where the damage happened, in a reasonably secure way and in a conspicuous position.
(5)This section does not apply to damage the officer reasonably believes is trivial.

s 63 amd 2000 No. 6 s 78 sch amdt 6; 2007 No. 43 s 33 sch

64Compensation

(1)This section does not apply to the exercise of a power (including the making of a requirement) to which section 31(1)(a) applies.
(2)A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under a transport Act, including, for example, in complying with a requirement made of the person.
(3)Compensation may be claimed and ordered in a proceeding—
(a)brought in a court with jurisdiction for the recovery of the compensation; or
(b)for an offence against this Act brought against the person claiming compensation.
(4)A court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case.
(5)A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.

s 64 amd 2004 No. 53 s 2 sch

Chapter 4 Review of decisions

ch 4 hdg sub 1997 No. 66 s 125

amd 2009 No. 24 s 1782

ch 4 pt 1 hdg om 1997 No. 66 s 125

ch 4 pt 2 hdg om 1997 No. 66 s 125

65Internal review of decisions

(1)A person whose interests are affected by a decision described in schedule 3 (the original decision) may ask the chief executive to review the decision.
(2)The person is entitled to receive a statement of reasons for the original decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision.
(3)The Transport Planning and Coordination Act 1994, part 5, division 2
(a)applies to the review; and
(b)provides—
(i)for the procedure for applying for the review and the way it is to be carried out; and
(ii)that the person may apply to QCAT to have the original decision stayed.
(4)In this section—
chief executive means, if the original decision is made by the commissioner, the commissioner.

s 65 sub 1997 No. 66 s 125

amd 1999 No. 42 s 51; 2000 No. 6 s 78 sch amdt 6

sub 2009 No. 24 s 1783

65AExternal review of decisions

(1)If a reviewed decision is not the decision sought by the applicant for the review, the chief executive must give the applicant a QCAT information notice for the reviewed decision.
(2)The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the reviewed decision.
(3)If the decision is a prescribed authority decision, QCAT can not make an order staying the operation of the decision.
(4)In this section—
chief executive means, if the reviewed decision is made by the commissioner, the commissioner.
prescribed authority decision means a decision to withdraw a person’s authority to drive on a Queensland road under a non-Queensland driver licence if the reason, or 1 of the reasons, for the decision is the person’s mental or physical incapacity.
QCAT information notice means a notice complying with the QCAT Act, section 157(2).
reviewed decision means the chief executive’s decision on a review under section 65.

s 65A ins 2009 No. 24 s 1783

Chapter 5 Road use

Part 1 Local government functions

ch 5 pt 1 hdg sub 1999 No. 42 s 54 (2) sch amdt 170

66Local laws etc.

(1)Subject to this chapter, a local government may not—
(a)make a local law about anything provided for in—
(i)this chapter, including anything about which a regulation may be made under this chapter; or
(ii)the Heavy Vehicle National Law (Queensland), including anything about which national regulations (HVNL) may be made; or
(b)exercise a power conferred by this chapter, or by the Heavy Vehicle National Law (Queensland), on someone else.
(2)However, a local government may exercise a power that is not inconsistent with this chapter or the Heavy Vehicle National Law (Queensland).
(3)Despite subsection (1), a local government may make local laws with respect to the following matters—
(a)the regulation of—
(i)the driving, leading, stopping or wheeling of vehicles or animals on a footpath, shared path, water-channel or gutter; and
(ii)the driving or leading of animals to cross a road; and
(iii)the seizure, removal, detention and disposal of a vehicle or animal mentioned in subparagraph (i) or (ii) found in circumstances constituting an offence against a local law;
(b)the regulation of the use of any part of a footpath for the purpose of providing food or drink or both to members of the public;
(c)the regulation of the advertising upon any road of any business including by means of the distribution of any handbill or other printed or written matter;
(d)the regulation of the washing or cleansing, painting, repairing, alteration or maintenance of vehicles in, on or over a road;
(e)the regulation of the stacking, storing or exposure of goods in, on or over a road and the seizure, removal, detention and disposal of any goods so stacked, stored or exposed;
(f)the regulation of roadside vending;
(g)the regulation of lights, notices and signs—
(i)on a road; or
(ii)near a road if the lights, notices and signs endanger, or are likely to endanger, traffic;
(h)the regulation of the amplification or reproduction of any sound by anything—
(i)on a road; or
(ii)near a road if the sound causes, or is likely to cause, anyone to gather on the road to endanger, hinder or obstruct traffic;
(i)the seizure and disposal of anything used to make a sound mentioned in paragraph (h);
(j)the regulation of the driving of vehicles and animals on a foreshore;
(k)the regulation of vehicle access to a public place that is a local government controlled area.
(4)Without in any way limiting the matters which are not included within the ordinary scope and meaning of the subject matter of the powers conferred by subsection (3)(a) such subject matter shall not include, in particular, any of the following matters—
(a)the right of way of any vehicle or animal so driven, ridden, led or wheeled;
(b)the qualification of a person to drive a motor vehicle;
(c)the driving of or attempting to put in motion or occupying the driving seat of or being in charge of a motor vehicle whilst under the influence of liquor or a drug;
(d)the driving or being in charge of a horse or other animal or the driving or being in charge of a vehicle (other than a motor vehicle) or attempting to put in motion any vehicle (other than a motor vehicle) whilst under the influence of liquor or a drug;
(e)the manner of driving of a vehicle or animal including the driving of the same dangerously or without due care and attention or without reasonable consideration for other persons or negligently, recklessly or at a speed in excess of the maximum speed at which the vehicle may lawfully be driven.
(5)The local government may make a local law under subsection (3)(a) to (j) for—
(a)a road in its area that is not a declared road; and
(b)a declared road in its area, with the chief executive’s written agreement.
(6)If a local government makes a local law about a matter mentioned in subsection (3)(a) to (f), the provisions of this Act about the matter no longer apply to the whole or part of the local government’s area to which the local law applies.
(7)The provisions do not revive on the repeal of the local law.
(8)A local government may make a local law that will result in a change to the management of a local government road, of a kind mentioned in the Transport Planning and Coordination Act 1994, section 8D(1), only if the chief executive has approved the proposed change under the Transport Planning and Coordination Act 1994, section 8D.
(9)In this section—
shared path see the Queensland Road Rules, section 242(2).

s 66 prev s 66 om 1997 No. 66 s 125

pres s 66 (prev 1949 13 Geo 6 No. 26 s 5) amd 1953 2 Eliz 2 No. 11 s 2; 1961 10 Eliz 2 No. 27 s 3; 1965 No. 26 s 6; 1990 No. 103 s 2.3; 1991 No. 97 s 3 sch 1; 1993 No. 70 s 804 sch; 1994 No. 7 s 4 (2)–(8); 1997 No. 66 s 15; 1999 No. 42 s 44, s 54 (1) sch amdts 1–5

reloc 1999 No. 42 s 54 (1) sch amdt 6

amd 2002 No. 13 s 124 sch; 2004 No. 9 s 63; 2008 No. 67 s 258; 2010 No. 13 ss 127, 3 sch pt 1; 2013 No. 26 s 81

Part 2 Official traffic signs

ch 5 pt 2 hdg prev ch 5 pt 2 hdg om 1999 No. 42 s 54 (2) sch amdt 171

pres ch 5 pt 2 hdg ins 1999 No. 42 s 54 (2) sch amdt 170

67Definitions

In this part and part 6
install means construct, make, mark, place or erect, or affix to or paint on any structure, and repair, maintain, manage and control.
on means on, in, into, over or near.
remove means remove, alter, discontinue, cancel, demolish or erase.
structure includes any building, wall, fence, pillar, post or other structure, erection or device wheresoever situated and by whomsoever owned.

s 67 prev s 67 om 1997 No. 66 s 125

pres s 67 (prev 1949 13 Geo 6 No. 26 s 12A) ins 1959 8 Eliz 2 No. 55 s 7

sub 1965 No. 26 s 11

amd 1999 No. 42 s 54 (1) sch amdt 21

reloc 1999 No. 42 s 54 (1) sch amdt 28

amd 2010 No. 13 s 3 sch pt 1

68Chief executive may install or remove official traffic signs

The chief executive may, for the purposes of this or another Act—
(a)install an official traffic sign on a road or off-street regulated parking area; and
(b)remove an official traffic sign from a road or off-street regulated parking area.

s 68 prev s 68 om 1997 No. 66 s 125

pres s 68 (prev 1949 Geo 6 No. 26 s 12B) ins 1959 8 Eliz 2 No. 55 s 7

sub 1965 No. 26 s 11

amd 1971 No. 33 s 6

sub 1994 No. 7 s 8

amd 1999 No. 42 s 5

reloc 1999 No. 42 s 54 (1) sch amdt 28

69Local government may install or remove official traffic signs

(1)A local government may install an official traffic sign in its area—
(a)on a road that is not a declared road; or
(b)on a declared road, with the chief executive’s written agreement; or
(c)on an off-street regulated parking area.
(2)Under subsection (1)(b), a local government may install an official traffic sign that—
(a)defines a traffic area; and
(b)indicates that parking on declared roads within the traffic area is regulated.
(3)A local government may remove an official traffic sign installed by it.
(4)A local government may install or remove an official traffic sign that will result in a change to the management of a local government road, of a kind mentioned in the Transport Planning and Coordination Act 1994, section 8D(1), only if the chief executive has approved the proposed change under the Transport Planning and Coordination Act 1994, section 8D.

s 69 prev s 69 om 1997 No. 66 s 125

pres s 69 (prev 1949 Geo 6 No. 26 s 12BA) ins 1994 No. 7 s 8

reloc 1999 No. 42 s 54 (1) sch amdt 28

amd 2008 No. 67 s 259

70Notice to install or remove an official traffic sign

(1)If, in the opinion of the chief executive, an official traffic sign should be installed on, or removed from, any road in an area which is not a declared road, the chief executive may serve notice on the local government for such area specifying the nature of the official traffic sign required to be installed or removed and the location at or from which such official traffic sign shall be installed or removed.
(2)The notice shall specify a date not less than 14 days from the date of service of the notice on or before which the installation or removal of the official traffic sign specified shall be completed.
(3)If the local government does not comply with the terms of the notice within the time specified, the chief executive may install or remove the official traffic sign specified in the notice and recover any cost and expense incurred by the chief executive in so doing from the local government.

s 70 prev s 70 om 1997 No. 66 s 125

pres s 70 (prev 1949 Geo 6 No. 26 s 12C) ins 1959 8 Eliz 2 No. 55 s 8

sub 1965 No. 26 s 11

amd 1994 No. 7 s 3 sch

reloc 1999 No. 42 s 54 (1) sch amdt 28

71Installation of official traffic signs in case of danger

(1)Where the chief executive, a superintendent, a holder of a prescribed office under the Crown, a chief executive officer of a local government, or a person authorised in that behalf by the chief executive, a superintendent, a holder of a prescribed office under the Crown, a local government or a chief executive officer of a local government, as the case may be, is satisfied in the circumstances of the case that a danger, hindrance or obstruction to traffic or other emergency exists or is likely to exist, or the use of a road or any part thereof or an off-street regulated parking area or any part thereof is prevented, hindered or obstructed, or likely to be prevented, hindered or obstructed, such person may install any official traffic sign which, in the person’s opinion, may be necessary, required or desirable for the purpose of regulating, guiding or warning traffic.
(2)Any official traffic sign so installed may, unless otherwise directed by the chief executive pursuant to section 70 be maintained and continued for so long as the chief executive, superintendent, holder of a prescribed office under the Crown, chief executive officer of a local government, or person authorised as prescribed by subsection (1) is satisfied that the danger, hindrance or obstruction to traffic or other emergency exists or is likely to exist or the use of the road or the part thereof or the off-street regulated parking area or the part thereof is prevented, hindered or obstructed or likely to be prevented, hindered or obstructed.

s 71 prev s 71 om 1997 No. 66 s 125

pres s 71 (prev 1949 Geo 6 No. 26 s 12D) ins 1959 8 Eliz 2 No. 55 s 8

sub 1965 No. 26 s 11

amd 1971 No. 33 s 7; 1994 No. 7 s 3 sch; 1999 No. 42 s 54 (1) sch amdt 22

reloc 1999 No. 42 s 54 (1) sch amdt 28

72Installation of official traffic signs by prescribed persons

(1)Where a person is carrying out any works on any road or off-street regulated parking area with the approval of the chief executive or a local government, the person and any employee of the person acting with the person’s authority, if satisfied in the circumstances of the case that a danger, hindrance or obstruction to traffic exists or is likely to exist, or that the use of the road or parking area or any part thereof is prevented, hindered or obstructed or likely to be prevented, hindered or obstructed, by reason of the carrying out of the works, may install any official traffic sign which in the person’s opinion may be necessary or desirable for the purpose of regulating, guiding or warning traffic with respect to the works.
(1A)Any official traffic sign so installed may, subject to sections 68 and 69, be maintained and continued for so long as the person or employee is satisfied that the danger, hindrance or obstruction to traffic exists or is likely to exist or that the use of the road or off-street regulated parking area or the part thereof is prevented, hindered or obstructed or likely to be prevented, hindered or obstructed.
(2)Any person who obstructs another person in the exercise of that other person’s powers under subsection (1) shall be guilty of an offence.

Maximum penalty for subsection (2)—40 penalty units or 6 months imprisonment.

s 72 prev s 72 om 1997 No. 66 s 125

pres s 72 (prev 1949 Geo 6 No. 26 s 12DA) ins 1990 No. 103 s 2.5

amd 1994 No. 7 s 3 sch; 1999 No. 42 s 54 (1) sch amdt 23

reloc 1999 No. 42 s 54 (1) sch amdt 28

72AWay to install official traffic sign

An official traffic sign must be installed in a way specified by the MUTCD.

s 72A ins 2001 No. 79 s 95

73Obstruction of prescribed officer and destruction of official traffic signs to be an offence

(1)Any person who—
(a)obstructs the chief executive, a superintendent, a holder of a prescribed office under the Crown, or a chief executive officer of a local government in the exercise of powers under this part or chapter 5, part 6; or
(b)obstructs any person acting under an authority given under section 71 in the exercise of the powers under this part or chapter 5, part 6 had by the person by virtue of such authority; or
(c)without lawful authority demolishes, destroys, pulls down, erases, removes, defaces or otherwise damages or interferes with an official traffic sign;

shall be guilty of an offence.

Maximum penalty—40 penalty units or 6 months imprisonment.

(2)A person guilty of an offence against any provision of subsection (1) shall also be liable to pay the amount of the expenses of making good any damage occasioned by the offence.
(3)The court convicting the person of the offence may, whether an application or complaint is made in respect thereof or not, order the person to pay such amount or such amount may be recovered by either the chief executive or a local government or any person duly authorised by the chief executive or a local government, either generally or in the particular case, by action in any court of competent jurisdiction.
(4)Without limit to the power of a police officer or any other person thereunto authorised by some other provision of this Act to prosecute an offence against subsection (1)—
(a)an offence against subsection (1) committed in relation to the chief executive or the holder of a prescribed office under the Crown, or any person acting under the authority of either of them, or in relation to an official traffic sign installed on a road by the said chief executive or holder of a prescribed office under the Crown, or any person acting under the authority of either of them, may be prosecuted by the chief executive or holder or by any person thereunto authorised by the chief executive; and
(b)an offence against subsection (1) committed in relation to the chief executive officer of a local government or a local government or a person acting under the authority of the chief executive officer of a local government or local government, or in relation to an official traffic sign installed on a road or an off-street regulated parking area in its area by the local government may be prosecuted by the chief executive officer or by any person thereunto authorised by the chief executive officer.

s 73 prev s 73 om 1997 No. 66 s 125

pres s 73 (prev 1949 Geo 6 No. 26 s 12E) ins 1959 8 Eliz 2 No. 55 s 9

sub 1965 No. 26 s 11

amd 1971 No. 33 s 8; 1994 No. 7 s 3 sch; 1999 No. 42 s 54 (1) sch amdts 24–25

reloc 1999 No. 42 s 54 (1) sch amdt 28

74Contravention of official traffic sign an offence

(1)A person who contravenes an indication given by an official traffic sign commits an offence.

Maximum penalty—40 penalty units or 6 months imprisonment.

(2)A local government may take proceedings for the imposition and enforcement of a penalty under subsection (1) for a contravention relating to an official traffic sign installed by it.
(2A)However, a local government may not act under subsection (2) if the traffic sign is about a matter mentioned in section 66(4), or for which a number of demerit points may be allocated against a person’s traffic history under a regulation.
(3)The penalty recovered by the local government for the offence must be paid to the local government.
(4)Subsection (2) does not limit the right of another entity to take proceedings for the imposition and enforcement of a penalty under subsection (1) for a contravention relating to an official traffic sign.

s 74 (prev 1949 Geo 6 No. 26 s 12F) ins 1959 8 Eliz 2 No. 55 s 9

sub 1965 No. 26 s 11; 1994 No. 7 s 9

amd 1994 No. 87 s 3 sch 1; 1999 No. 42 s 54 (1) sch amdts 26–27

reloc 1999 No. 42 s 54 (1) sch amdt 28

75Unlawful installation of official traffic signs

(1)Any person who without lawful authority installs on a road or an off-street regulated parking area an official traffic sign or other thing in the nature of or similar to or which is likely to be mistaken for an official traffic sign shall be guilty of an offence, and any such sign or other thing may be removed by the chief executive or the local government (whether or not any proceeding is taken for an offence with respect thereto).

Maximum penalty—40 penalty units or 6 months imprisonment.

(2)Upon convicting a person for an offence against any of the provisions of subsection (1) the court, in addition to any penalty which it may impose, may (whether an application or complaint is made in respect thereof or not) order the person to pay the costs of the removal of the official traffic sign or other thing in question to the chief executive or the local government, as the case may be.

s 75 (prev 1949 Geo 6 No. 26 s 12G) ins 1959 8 Eliz 2 No. 55 s 10

sub 1965 No. 26 s 11

amd 1971 No. 33 s 9; 1994 No. 7 s 3 sch

reloc 1999 No. 42 s 54 (1) sch amdt 28

76Injury to official traffic signs

(1)Where any injury is done to an official traffic sign the following persons, namely—
(a)any person who negligently or wilfully causes such injury;
(b)if that person is an agent or employee—the principal or employer of that person;
      shall each be answerable in damages to the chief executive or the local government (according to which of them installed such sign) for the whole injury, and such damages may be—
(c)sued for by; or
(d)recovered in a summary way under the Justices Act 1886, on complaint of;
      the chief executive or the local government or any person authorised by the chief executive or the local government in that behalf, either generally or in the particular case, but the chief executive or the local government shall not be entitled by virtue of the provisions of this section to recover twice for the same cause of action.
(2)Where the owner of any vehicle pays any money in respect of any injury caused through the wilful act or negligence of the driver of that vehicle to any official traffic sign, the owner shall be entitled to recover the money so paid, with costs, from that driver.

s 76 (prev 1949 Geo 6 No. 26 s 12H) ins 1959 8 Eliz 2 No. 55 s 10

amd 1960 9 Eliz 2 No. 44 s 2; 1961 10 Eliz 2 No. 27 s 6; 1962 No. 23 s 2

sub 1965 No. 26 s 11

amd 1994 No. 7 s 3 sch

reloc 1999 No. 42 s 54 (1) sch amdt 28

Part 3 Driving of vehicles and animals

ch 5 pt 3 hdg prev ch 5 pt 3 hdg om 1999 No. 42 s 54 (2) sch amdt 173

pres ch 5 pt 3 hdg ins 1999 No. 42 s 54 (2) sch amdt 170

77Restricted written or electronic release of person’s prescribed authority and traffic history information

(1)The chief executive may release, in writing or electronically, information kept under this Act about a person’s prescribed authority or traffic history to—
(a)on receiving an application—
(i)the person; or
(ii)with the person’s written consent—another person; or

Note—

See chapter 5B for requirements about the application.
(b)the commissioner; or
(c)an entity that issues driver licences under a corresponding law to this Act; or
(d)an entity (a foreign licensing authority) that issues foreign driver licences; or
(e)an entity that, under an agreement between the State and other Australian jurisdictions, maintains a database containing information about driver licences and traffic histories.
(2)Also, the chief executive may release, in writing, to an entity information kept under this Act about a person’s prescribed authority if—
(a)the person produces the prescribed authority to the entity as proof of the person’s identity; and
(b)the entity applies for the information; and

Note—

See chapter 5B for requirements about the application.
(c)the information is necessary to verify the validity of the prescribed authority.
(3)Before releasing information to an entity under subsection (1)(c), the chief executive must be satisfied any release of the information by the entity will be limited to circumstances similar to those mentioned in subsection (1).
(4)The chief executive may release information about a person’s prescribed authority or traffic history under subsection (1)(d) only on the following conditions—
(a)the information may be used by the foreign licensing authority only to decide whether to issue a foreign driver licence to the person, unless the person gives written consent to another use;
(b)the information may be released by the foreign licensing authority only with the person’s written consent.
(5)Before releasing information to an entity under subsection (1)(e), the chief executive must be satisfied any release of the information by the entity will be limited to circumstances similar to those mentioned in subsection (1).
(6)To remove any doubt, it is declared that the release of information under subsection (1)(e) is not limited by the Transport Planning and Coordination Act 1994, part 4D.

Note—

The Transport Planning and Coordination Act 1994, part 4D provides for disclosure, collection and use of identity information in connection with identity matching services under that part.
(7)In this section—
document verification service means the service, administered by the Commonwealth, by which documents used by persons as evidence of those persons’ identities are verified.

s 77 (prev 1949 13 Geo 6 No. 26 s 14A) ins 1965 No. 26 s 13

amd 1982 No. 15 s 5

sub 1994 No. 7 s 11; 1999 No. 42 s 6

amd 1999 No. 42 s 54 (1) sch amdts 30–32

reloc 1999 No. 42 s 54 (1) sch amdt 89

amd 2008 No. 71 s 26 (amd 2010 No. 19 s 281 sch); 2011 No. 12 s 98 ; 2013 No. 40 s 25; 2014 No. 43 s 80; 2015 No. 14 s 37; 2017 No. 25 s 72; 2018 No. 2 s 20

77AAA Chief executive may advise registered operator of offences committed in registered operator’s vehicle

(1)Subsection (2) applies if—
(a)a person (the offender) does something in a motor vehicle that is a contravention that forms part of the offender’s traffic history; and
(b)the offender is not a registered operator of the motor vehicle.
(2)The chief executive may by electronic communication notify the registered operator of the following—
(a)the name of the offender;
(b)a description of the offender’s contravention;
(c)the time, date and location of the contravention.
(3)The reference in subsection (2) to the registered operator is a reference to—
(a)if there is only 1 registered operator of the vehicle—the registered operator; or
(b)if there is more than 1 registered operator of the vehicle—the registered operator mentioned first on the vehicle’s registration certificate.

s 77AAA ins 2018 No. 10 s 47

77AARestricted oral release of particular information

(1)The chief executive may orally release, to a person, information kept under this Act about the person’s prescribed authority or traffic history.
(2)However, subsection (1) applies only if the chief executive is satisfied that the person is the person to whom the information relates.

Example for subsection (2)—

The chief executive may be satisfied as required under subsection (2) if the person correctly answers a series of questions, or produces a document, for identifying the person.

s 77AA ins 2011 No. 12 s 99

77ABConfirming Queensland driver licence is valid

(1)This section applies if a person (the enquirer) gives the chief executive, by electronic communication, all of the following items of information about a Queensland driver licence (the identifying information)—
(a)the name and date of birth of the person in whose name the licence is issued;
(b)the number of the licence;
(c)any other information prescribed by a regulation.
(2)If all of the items of identifying information match the information held by the department for the licence, the chief executive may, by electronic communication, confirm this with the enquirer and advise whether the licence is valid.
(3)If some of the items of identifying information do not match the information held by the department for the licence, the chief executive may, by electronic communication, advise the enquirer of this but must not advise which of the items do not match.
(4)In this section—
valid, in relation to a Queensland driver licence, means—
(a)the licence has not expired; or
(b)the licence has not been cancelled or suspended; or
(c)the person in whose name the licence is issued is not disqualified from holding or obtaining a Queensland driver licence.

s 77AB ins 2014 No. 43 s 81

77AReleasing information about Queensland driver licence or traffic history for research purposes

(1)The chief executive may release prescribed information to an entity for road research purposes if—
(a)either—
(i)the entity is conducting the research for the chief executive; or
(ii)the chief executive has, on application by the entity, approved the entity’s conduct of the research; and

Note—

See chapter 5B for requirements about the application.
(b)the information proposed to be released does not identify any person to whom it relates.
(2)In this section—
prescribed information means the following information recorded in a register kept by the chief executive under this Act—
(a)information about Queensland driver licences;
(b)the traffic history of drivers.

s 77A ins 2008 No. 71 s 27

amd 2017 No. 25 s 73

78Driving of motor vehicle without a driver licence prohibited

(1)A person must not drive a motor vehicle on a road unless the person holds a driver licence authorising the person to drive the vehicle on the road.

Maximum penalty—

(a)if the person committed the offence while the person was disqualified, by any court order, from holding or obtaining a driver licence—60 penalty units or 18 months imprisonment; or
(b)otherwise—40 penalty units or 1 year’s imprisonment.

(1A)An infringement notice under the State Penalties Enforcement Act 1999 (infringement notice) may be issued to a person for a contravention of subsection (1) only if—
(a)the person is an unlicensed driver for the motor vehicle driven by the person; and
(b)the person has not, in the 5 years before the contravention, been convicted of an offence against subsection (1); and
(c)subsections (1B) to (1E) do not prevent the infringement notice being issued to the person.
(1B)An infringement notice can not be issued to a person for a contravention of subsection (1) if—
(a)the person has, in the 2 years before the contravention, been a person mentioned in section 91J(1); and
(b)the person did not become an interlock driver because a Queensland driver licence was not granted to the person after the person’s disqualification period mentioned in that section ended.
(1C)Subject to subsection (1D), an infringement notice can not be issued to a person for a contravention of subsection (1) if—
(a)the person had been an interlock driver; but
(b)at the time of the contravention—
(i)the person did not hold a valid Queensland driver licence; and
(ii)the person’s interlock period had not ended.
(1D)An infringement notice may be issued to a person mentioned in subsection (1C) whose Queensland driver licence expired within 4 weeks before the contravention mentioned in the subsection.
(1E)An infringement notice must not be issued to a person for a contravention of subsection (1) if the person has never held a driver licence.
(2)If a person commits an offence against subsection (1) when the person is a disqualified driver, or is a repeat unlicensed driver for the offence, the court, in deciding what penalty to impose on the person, must consider—
(a)all the circumstances of the case, including circumstances of aggravation or mitigation; and
(b)the public interest; and
(c)the person’s criminal history and traffic history; and
(d)any information before it relating to the person’s medical history, or the person’s mental or physical capacity, that the court considers relevant; and
(e)whether the offence was committed in association with the commission or attempted commission of another offence and, if so, the nature of the other offence; and
(f)any other matters that the court considers relevant.
(3)If the court convicts a person of an offence against subsection (1) and any of the following circumstances apply, the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for the period mentioned in relation to the circumstance—
(a)if the person committed the offence while the person was disqualified, by any court order, from holding or obtaining a driver licence—for a period, of at least 2 years but not more than 5 years, decided by the court;
(b)if the person committed the offence while the person was disqualified from holding or obtaining a driver licence because of the allocation of demerit points—6 months;

Note—

See section 127(4)(b) for the effect of a suspension because of the allocation of demerit points under the driver licensing regulation.
(c)if the person committed the offence while the person’s authority to drive on a Queensland road under a non-Queensland driver licence was suspended because of the allocation of demerit points—6 months;
(d)if the person committed the offence while the person was disqualified from holding or obtaining a driver licence because the person had been convicted of an offence against the Queensland Road Rules, section 20, for driving more than 40km/h over the speed limit—6 months;
(e)if the person committed the offence while the person’s authority to drive on a Queensland road under a non-Queensland driver licence was suspended because the person had been convicted of an offence against the Queensland Road Rules, section 20, for driving more than 40km/h over the speed limit—6 months;
(f)if the person committed the offence while the person’s driver licence was suspended under the State Penalties Enforcement Act 1999 or Transport Operations (Passenger Transport) Act 1994—a period, of at least 1 month but not more than 6 months, decided by the court;
(g)if the person committed the offence while the person’s authority to drive on a Queensland road under a non-Queensland driver licence was suspended under the State Penalties Enforcement Act 1999 or Transport Operations (Passenger Transport) Act 1994—a period, of at least 1 month but not more than 6 months, decided by the court;
(h)if the person committed the offence while the person was a repeat unlicensed driver for the offence—a period, of at least 1 month but not more than 6 months, decided by the court;
(i)if the person committed the offence while, under section 79B
(i)the person’s Queensland driver licence was suspended; or
(ii)the person’s authority to drive on a Queensland road under a non-Queensland driver licence was suspended; or
(iii)the person was disqualified from holding or obtaining a Queensland driver licence;
      for a period, of at least 2 years but not more than 5 years, decided by the court;
(j)if the person committed the offence while the person was a person mentioned in subsection (1B) or (1C)—for a period, of at least 1 month but not more than 6 months, decided by the court;
(k)if, at the time of committing the offence, the person had never held a driver licence—3 months.
(3A)For subsection (3), if the circumstances mentioned in paragraph (a) and another paragraph of the subsection exist, the court must apply paragraph (a).
(4)Subsection (3) applies whether or not a conviction is recorded for the offence.
(5)A person must not allow another person to drive a motor vehicle on a road if the person knows the other person does not hold a driver licence authorising the other person to drive the vehicle on the road.

Maximum penalty—20 penalty units or 6 months imprisonment.

(6)In this section—
any court order means an order of any Australian court.
disqualified driver means a person—
(a)who is disqualified from holding or obtaining a driver licence because of any court order; or
(b)who is disqualified from holding or obtaining a driver licence because—
(i)of the allocation of demerit points; or
(ii)the person was convicted of an offence against the Queensland Road Rules, section 20, for driving more than 40km/h over the speed limit; or
(iii)the person’s driver licence is suspended under the State Penalties Enforcement Act 1999 or Transport Operations (Passenger Transport) Act 1994; or
(c)whose authority to drive on a Queensland road under the person’s non-Queensland driver licence is suspended—
(i)because of the allocation of demerit points; or
(ii)because the person was convicted of an offence against the Queensland Road Rules, section 20, for driving more than 40km/h over the speed limit; or
(iii)under the State Penalties Enforcement Act 1999 or Transport Operations (Passenger Transport) Act 1994.
repeat unlicensed driver, for an offence, means a person who—
(a)is an unlicensed driver for the motor vehicle driven by the person when the offence is committed; and
(b)has, in the 5 years before committing the offence, been convicted of an offence against subsection (1).
unlicensed driver, for a motor vehicle, means a person, other than a disqualified driver, who does not hold a driver licence authorising the person to drive the vehicle on the road.

s 78 (prev 1949 13 Geo 6 No. 26 s 15) amd 1959 8 Eliz 2 No. 55 s 12; 1961 10 Eliz 2 No. 27 s 9; 1965 No. 26 s 14; 1974 No. 18 s 7 (amd 1984 No. 102 s 36); 1975 No. 13 s 3; 1984 No. 102 s 33; 1990 No. 103 s 2.26; 1994 No. 7 s 3 sch; 1999 No. 42 s 54 (1) sch amdts 33–35

reloc 1999 No. 42 s 54 (1) sch amdt 89

amd 1999 No. 70 s 166 sch 1

sub 2001 No. 79 s 96

amd 2002 No. 4 s 3; 2002 No. 71 s 21; 2003 No. 69 s 5; 2005 No. 49 s 60; 2006 No. 21 s 141; 2010 No. 13 ss 14, 3 sch pt 1; 2014 No. 43 s 82; 2017 No. 18 s 33

78APermit to drive—recently expired driver licence

(1)This section applies if a police officer issues an infringement notice under the State Penalties Enforcement Act 1999 to a person with a recently expired licence for a contravention of section 78(1).
(2)The police officer may issue a permit authorising the person to drive to a stated place.
(3)The permit must—
(a)be in the approved form; and
(b)state the number of the infringement notice; and
(c)state the term, not longer than 24 hours, for which it is issued; and
(d)state the conditions, if any, on which it is issued.
(4)If the permit is issued on a condition, the permit is cancelled if the condition is contravened.
(5)To remove any doubt, it is declared that a police officer issuing a permit under subsection (2) does not contravene section 78(5).
(6)In this section—
recently expired licence, in relation to a person’s contravention of section 78(1), means—
(a)a driver licence that has been expired for no more than 1 year before the contravention; or
(b)a non-Queensland driver licence if, within the 1 year before the contravention, the authority to drive on a Queensland road under the licence has been withdrawn, other than because—
(i)the person was granted a Queensland driver licence; or
(ii)the chief executive reasonably believed the person had a mental or physical incapacity that was likely to adversely affect the person’s ability to drive safely.

s 78A ins 2002 No. 4 s 4

amd 2002 No. 71 s 22

79Vehicle offences involving liquor or other drugs

(1)Offence of driving etc. while under the influence
Any person who, while under the influence of liquor or a drug—
(a)drives a motor vehicle, tram, train or vessel; or
(b)attempts to put in motion a motor vehicle, tram, train or vessel; or
(c)is in charge of a motor vehicle, tram, train or vessel;

is guilty of an offence and liable to a penalty not exceeding 28 penalty units or to imprisonment for a term not exceeding 9 months.

(1A)Liability under subsection (1) if convicted within 5 years under subsection (1)
If within the period of 5 years before conviction for an offence under subsection (1) the offender has been previously convicted under that subsection, the person is liable for that offence to a maximum penalty of 60 penalty units or 18 months imprisonment.
(1B)Liability under subsection (1) if convicted within 5 years on indictment or against Criminal Code, section 328A
If within the period of 5 years before conviction for an offence under subsection (1) the offender has been previously convicted on indictment of any offence in connection with or arising out of the driving of a motor vehicle by the offender or has been summarily convicted of an offence against any provision of the Criminal Code, section 328A, the offender is liable for the first mentioned offence to a maximum penalty of 60 penalty units or 18 months imprisonment.
(1C)Liability under subsection (1) if 2 convictions within 5 years under various provisions
If within the period of 5 years before conviction for an offence under subsection (1) the offender has been twice previously convicted—
(a)under subsection (1); or
(b)on indictment of any offence in connection with or arising out of the driving of a motor vehicle by the offender; or
(c)summarily of an offence against any provision of the Criminal Code, section 328A;
      or has been previously convicted—
(d)under subsection (1) and on indictment of any offence in connection with or arising out of the driving of a motor vehicle by the offender; or
(e)under subsection (1) and summarily of an offence against any provision of the Criminal Code, section 328A; or
(f)on indictment of any offence in connection with or arising out of the driving of a motor vehicle by the offender and summarily of an offence against any provision of the Criminal Code, section 328A;
      the justices must for that offence impose, as the whole or part of the punishment, imprisonment.
(1D)Liability under subsection (1) if convicted within 5 years under other subsections
If within the period of 5 years before conviction for an offence under subsection (1) the offender has been previously convicted of an offence under subsection (1F), (2), (2AA), (2A), (2B), (2D), (2J), (2K) or (2L), the offender is liable for the first mentioned offence to a penalty not exceeding 30 penalty units or to imprisonment for a term not exceeding 1 year.
(1E)Liability under subsection (1) if 2 convictions within 5 years under other subsections
If within the period of 5 years before conviction for an offence under subsection (1) the offender has been twice previously convicted of an offence under subsection (1F), (2), (2AA), (2A), (2B), (2D), (2J), (2K) or (2L), the offender is liable for the first mentioned offence to a maximum penalty of 60 penalty units or 18 months imprisonment.
(1F)Offence of driving etc. while over middle alcohol limit but not over high alcohol limit
Any person who, while the person is over the middle alcohol limit but is not over the high alcohol limit—
(a)drives a motor vehicle, tram, train or vessel; or
(b)attempts to put in motion a motor vehicle, tram, train or vessel; or
(c)is in charge of a motor vehicle, tram, train or vessel;
      is guilty of an offence and liable to a penalty not exceeding 20 penalty units or to imprisonment for a term not exceeding 6 months.
(2)Offence of driving etc. while over general alcohol limit but not over middle alcohol limit
Any person who, while the person is over the general alcohol limit but is not over the middle alcohol limit—
(a)drives a motor vehicle, tram, train or vessel; or
(b)attempts to put in motion a motor vehicle, tram, train or vessel; or
(c)is in charge of a motor vehicle, tram, train or vessel;
      is guilty of an offence and liable to a penalty not exceeding 14 penalty units or to imprisonment for a term not exceeding 3 months.
(2AA)Offence of driving etc. while relevant drug is present in blood or saliva
Any person who, while a relevant drug is present in the person’s blood or saliva—
(a)drives a motor vehicle, tram, train or vessel; or
(b)attempts to put in motion a motor vehicle, tram, train or vessel; or
(c)is in charge of a motor vehicle, tram, train or vessel;

is guilty of an offence and liable to a penalty not exceeding 14 penalty units or to imprisonment for a term not exceeding 3 months.

(2A)Offence of driving etc. while over no alcohol limit but not over general alcohol limit if particular type of driver or licence
Any person who is the holder of a learner, probationary or provisional licence or is not the holder of a driver licence, and who, while the person is over the no alcohol limit but is not over the general alcohol limit—
(a)drives a motor vehicle (other than a motor vehicle to which subsection (2B) applies); or
(b)attempts to put such motor vehicle in motion; or
(c)is in charge of such motor vehicle;

is guilty of an offence and liable to a penalty not exceeding 14 penalty units or to imprisonment for a term not exceeding 3 months.

(2BB)Definition for subsection (2A)
In subsection (2A)—
learner, probationary or provisional licence includes a licence, permit, certificate or other authority issued under a law of another State, the Commonwealth or another country that corresponds to a learner licence, probationary licence or provisional licence.
(2B)Offence of driving etc. particular motor vehicles while over no alcohol limit but not over general alcohol limit
Any person who, while the person is over the no alcohol limit but is not over the general alcohol limit—
(a)drives a motor vehicle to which this subsection applies; or
(b)attempts to put such motor vehicle in motion; or
(c)is in charge of such motor vehicle;
      is guilty of an offence and liable to a penalty not exceeding 14 penalty units or to imprisonment for a term not exceeding 3 months.
(2C)Motor vehicles to which subsection (2B) applies
Subsection (2B) applies to the following motor vehicles—
(a)a truck, a bus, an articulated motor vehicle, a B-double, a road train;
(b)a vehicle carrying a placard load of dangerous goods;
(c)a tow truck which is licensed or should be licensed under the Tow Truck Act 1973 while it operates as a tow truck under that Act;
(d)a pilot or escort vehicle that is escorting an oversize vehicle;
(e)a taxi or limousine under the Transport Operations (Passenger Transport) Act 1994;
(ea)a vehicle that is not a taxi or limousine under the Transport Operations (Passenger Transport) Act 1994 that is available to be used, about to be used or being used to provide a public passenger service under the Transport Operations (Passenger Transport) Act 1994;

Example of a vehicle available to be used to provide a public passenger service—

a driver of the vehicle is on duty to accept bookings for a booked hire service, including, for example, by being connected to a booking service or app to accept bookings
(f)a vehicle while it is being used by a driver trainer to give driver training;
(g)a specially constructed vehicle within the meaning of the driver licensing regulation;
(h)a tractor that is not a specially constructed vehicle mentioned in paragraph (g).
(2D)Offence of driving etc. tram, train or vessel while over no alcohol limit but not over general alcohol limit
Any person who, while the person is over the no alcohol limit but is not over the general alcohol limit—
(a)drives a tram, a train or a vessel to which this subsection applies; or
(b)attempts to put in motion a tram, a train or a vessel to which this subsection applies; or
(c)is in charge of a tram, a train or a vessel to which this subsection applies;

is guilty of an offence and liable to a penalty not exceeding 14 penalty units or to imprisonment for a term not exceeding 3 months.

(2E)Vessels to which subsection (2D) applies
Vessels to which subsection (2D) apply are air cushion vehicles and non-recreational vessels that carry, or are authorised to carry, more than 12 passengers.
(2EA)For subsection (2E)—
authorised to carry, for a non-recreational vessel, means authorised to carry under—
(a)for an other Queensland regulated ship—the Transport Operations (Marine Safety) Act 1994; or
(b)for a domestic commercial vessel—the domestic commercial vessel national law.
domestic commercial vessel national law see the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016, section 20.
non-recreational vessel means—
(a)an other Queensland regulated ship under the Transport Operations (Marine Safety) Act 1994; or
(b)a domestic commercial vessel under the domestic commercial vessel national law.
passenger, for a vessel, means a passenger as defined in part B of the National Standard for Commercial Vessels.
(2F)Liability under various subsections if conviction within 5 years under the subsections
If within the period of 5 years before conviction for an offence under subsection (1F), (2), (2AA), (2A), (2B), (2D), (2J), (2K) or (2L) the offender has been previously convicted under subsection (1F), (2), (2AA), (2A), (2B), (2D), (2J), (2K) or (2L), the person is liable for that offence to a penalty not exceeding 20 penalty units or to imprisonment for a term not exceeding 6 months.
(2G)Liability under various subsections if 2 convictions within 5 years under the subsections
If within the period of 5 years before conviction for an offence under subsection (1F), (2), (2AA), (2A), (2B), (2D), (2J), (2K) or (2L) the offender has been twice previously convicted under subsection (1F), (2), (2AA), (2A), (2B), (2D), (2J), (2K) or (2L), the person is liable for that offence to a penalty not exceeding 28 penalty units or to imprisonment for a term not exceeding 9 months.
(2H)Liability under various subsections if conviction within 5 years for other offences
If within the period of 5 years before conviction for an offence under subsection (1F), (2), (2AA), (2A), (2B), (2D), (2J), (2K) or (2L) the offender has been previously convicted on indictment of any offence in connection with or arising out of the driving of a motor vehicle by the person or has been summarily convicted of an offence against any provision of the Criminal Code, section 328A or has been previously convicted under subsection (1), the person is liable for the first mentioned offence to a penalty not exceeding 30 penalty units or to imprisonment for a term not exceeding 1 year.
(2I)Liability under various subsections if conviction within 5 years under the subsections and another conviction
If within the period of 5 years before conviction for an offence under subsection (1F), (2), (2AA), (2A), (2B), (2D), (2J), (2K) or (2L) the offender has been previously convicted under those subsections and—
(a)has been previously convicted on indictment of any offence in connection with or arising out of the driving of a motor vehicle by the person; or
(b)has been summarily convicted of an offence against any provision of the Criminal Code, section 328A; or
(c)has been previously convicted under subsection (1);
      the person is liable for the first mentioned offence to a maximum penalty of 60 penalty units or 18 months imprisonment.
(2J)Offence for particular licence holders if driving etc. while over no alcohol limit but not over general alcohol limit
A person who is the holder of a restricted licence, or is a section 79E driver or interlock driver, while the person is over the no alcohol limit but is not over the general alcohol limit, must not—
(a)drive a motor vehicle; or
(b)attempt to put a motor vehicle in motion; or
(c)be in charge of a motor vehicle.

Maximum penalty—20 penalty units or 6 months imprisonment.

(2K)Offence for class RE licence holders if riding etc. a motorbike while over no alcohol limit but not over general alcohol limit
A person who is the holder of a class RE licence, while the person is over the no alcohol limit but not over the general alcohol limit, must not—
(a)ride a motorbike; or
(b)attempt to put a motorbike in motion; or
(c)be in charge of a motorbike;
      unless the person has held a valid class RE licence for a period of least 1 year during the previous 5-year period.

Maximum penalty—14 penalty units or 3 months imprisonment.

Note—

See subsections (2) and (2B) for offences relating to driving other motor vehicles.
(2L)Offence for class RE licence holders if learning to ride etc. a class R motorbike while over no alcohol limit but not over general alcohol limit
A person who is the holder of a class RE licence, while the person is over the no alcohol limit but is not over the general alcohol limit, must not—
(a)learn to ride a class R motorbike; or
(b)attempt to put a class R motorbike in motion; or
(c)be in charge of a class R motorbike.

Maximum penalty—14 penalty units or 3 months imprisonment.

(2M)Definitions for subsections (2K) and (2L)
In subsections (2K) and (2L), where a following defined term appears—
class RE licence
(a)means a class RE provisional, probationary or open licence within the meaning of the driver licensing regulation; and
(b)includes a licence issued under a law of another State, the Commonwealth or another country corresponding to a licence mentioned in paragraph (a).
class R motorbike means a class R motorbike within the meaning of the driver licensing regulation.
valid, in relation to a class RE licence, means—
(a)the licence has not expired; or
(b)the licence has not been cancelled or suspended; or
(c)the licensee is not disqualified, by order of an Australian court, from holding or obtaining a driver licence.
(3)Presumption that defendant is under the influence of liquor if over high alcohol limit
If on the hearing of a complaint of an offence against subsection (1) the court is satisfied that at the material time the defendant was over the high alcohol limit, the defendant is conclusively presumed to have been at that time under the influence of liquor.
(4)Conviction for offence against subsection (1F), (2), (2A), (2B), (2D), (2J), (2K) or (2L) in particular circumstance
Subject to subsection (3), if on the hearing of a complaint of an offence against subsection (1) the court is satisfied—
(a)as to all the elements of the offence charged other than the element of the defendant’s being under the influence of liquor or a drug at the material time; and
(b)that at the material time the defendant—
(i)was over the middle alcohol limit; or
(ii)was over the general alcohol limit; or
(iii)was a person to whom subsection (2A), (2B), (2D), (2J), (2K) or (2L) referred and was over the no alcohol limit;
      the court must convict the defendant of the offence under subsection (1F), (2), (2A), (2B), (2D), (2J), (2K) or (2L) that is established by the evidence.
(4A)Conviction for offence against subsection (1F) or (2) in particular circumstance
If in the circumstances provided for in subsection (4), the court is satisfied that an offence under subsection (1F) or (2) and an offence under subsection (2A), (2B), (2D), (2J), (2K) or (2L) are both established by the evidence, the court must convict the defendant of the offence under subsection (1F) or (2).
(5)Conviction for offence under subsection (2AA) in particular circumstances
If, on the hearing of a complaint of an offence against subsection (1), the court is satisfied—
(a)as to all the elements of the offence charged other than the element of the defendant’s being under the influence of liquor or a drug at the material time; and
(b)that at the material time there was a relevant drug present in the defendant’s blood or saliva;
      the court must convict the defendant of the offence under subsection (2AA) that is established by the evidence.
(5A)Subsection (5) does not limit subsections (4) and (4A).
(6)Court not to convict if satisfied of particular matters
If on the hearing of a complaint of an offence against subsection (1)(c), (1F)(c), (2)(c), (2AA)(c), (2A)(c), (2B)(c), (2J)(c), (2K)(c) or (2L)(c) in respect of a motor vehicle the court is satisfied beyond reasonable doubt by evidence on oath that at the material time—
(a)the defendant—
(i)by occupying a compartment of the motor vehicle in respect of which the offence is charged other than the compartment containing the driving seat of that motor vehicle; or
(ii)not being in that motor vehicle, by some action;
      had manifested an intention of refraining from driving that motor vehicle while any of the following circumstances relevant to a conviction on the complaint applied—
(iii)the defendant was under the influence of liquor or a drug;
(iv)the defendant was over—
(A)the middle alcohol limit; or
(B)the general alcohol limit; or
(C)if at the material time the defendant was a person to whom subsection (2A), (2B), (2J), (2K) or (2L) referred—the no alcohol limit;
(v)there was a relevant drug present in the defendant’s blood or saliva; and
(b)the defendant—
(i)was not under the influence of liquor or a drug to such an extent; or
(ii)was not, as indicated by the concentration of alcohol in the defendant’s blood or breath, influenced by alcohol to such an extent;
      as to be incapable of understanding what the defendant was doing or as to be incapable of forming the intention referred to in paragraph (a); and
(c)the motor vehicle in respect of which the offence is charged was parked in such a way as not to constitute a source of danger to other persons or other traffic; and
(d)the defendant had not previously been convicted of an offence under subsection (1), (1F), (2), (2AA), (2A), (2B), (2D), (2J), (2K) or (2L) within a period of 1 year before the date in respect of which the defendant is charged;
      the court must not convict the defendant of the offence charged.
(7)Offence of driving etc. animals and other things while under the influence
Any person who, while under the influence of liquor or a drug, drives or is in charge of any horse or other animal on a road, or drives or is in charge of any vehicle (other than a motor vehicle) on a road, or attempts to put in motion any vehicle (other than a motor vehicle) on a road, is guilty of an offence.

Maximum penalty—40 penalty units or 9 months imprisonment.

(8)Use of ‘liquor or a drug’ in charge not bad
A complaint for an offence against any provision of subsection (1) or (7) is not bad for uncertainty or duplicity because it charges the alleged offender with being under the influence of ‘liquor or a drug’.
(8A)Conviction even if particular influence not established
If, on the hearing of a complaint mentioned in subsection (8), the evidence led and admitted (including evidence (if any) for the defence) establishes—
(a)that the person so charged was under an influence which was that of liquor or a drug, or both liquor and a drug; and
(b)all other elements of the offence;
      the person must be convicted of the offence even though the particular influence is not established by the evidence.
(9)Suspension of driver licence on failure to appear
If a person charged with an offence against any provision of subsection (1), (1F), (2), (2AA), (2A), (2B), (2D), (2J), (2K) or (2L) in relation to a motor vehicle does not appear personally before a Magistrates Court at any time and place when and where the person is required to appear, the court must then and there order that any and every Queensland driver licence held by the person be from that time suspended until—
(a)the court revokes the order in the interests of justice; or
(b)the time when the charge is heard and decided or otherwise disposed of.
(9A)Subsection (9) applies subject to the following—
(a)subsection (10);
(b)the Bail Act 1980, section 20(3AA) to the extent the section provides that the person need not appear personally if the person is represented by the person’s lawyer.
(10)Court’s discretion for subsection (9) order
A Magistrates Court has and may exercise a discretion not to make an order under subsection (9) if it is satisfied—
(a)on medical or other evidence placed before the court that the person’s failure to appear before it was caused by any medical or other circumstance making the person physically incapable of appearing before the court; or
(b)making the order would not otherwise be in the interests of justice.
(10AA)A Magistrates Court has and may exercise a discretion to make an order revoking an order made under subsection (9) if it is satisfied revoking the order is in the interests of justice.
(10A)Definition for subsection (10)
In subsection (10)—
medical or other evidence placed before the court means—
(a)the oral testimony of at least 1 doctor adduced before the court; or
(b)at least 1 certificate placed before the court purporting to be a medical certificate by a doctor; or
(c)both such testimony and certificate; or
(d)such other evidence as is considered by the court to be sufficient in the circumstances to satisfy the court that the person was physically incapable of appearing before the court.
(11)Application of subsections (1)–(2L)
Subsections (1) to (2L) apply in relation to any person—
(a)who is in charge of a motor vehicle on a road or elsewhere; or
(b)who drives a motor vehicle on a road or elsewhere; or
(c)who on a road or elsewhere attempts to put a motor vehicle in motion; or
(d)who drives or is in charge of or attempts to put in motion a tram or train on a road or elsewhere; or
(e)who drives or is in charge of or attempts to put in motion a vessel that is being used, or is apparently about to be used, in navigation.
(12)Criminal Code, section 24, not applicable
The Criminal Code, section 24 does not apply to an offence under this section.
(13)In this section—
attempts to put in motion, a motor vehicle, for an interlock driver, does not, subject to subsection (14), include an attempt to put in motion a motor vehicle nominated by the interlock driver under section 91L and fitted with a prescribed interlock.
in charge of, a motor vehicle, for an interlock driver, does not, subject to subsection (14), include being in charge of a motor vehicle nominated by the interlock driver under section 91L and fitted with a prescribed interlock.
(14)The definitions in subsection (13) do not restrict the operation of subsection (1) or (2AA) in so far as the interlock driver attempts to put in motion, or is in charge of, a motor vehicle while under the influence of a drug or while a relevant drug is present in the person’s blood or saliva.

s 79 prev s 79 om 1999 No. 42 s 54 (2) sch amdt 180

pres s 79 (prev 1949 13 Geo 6 No. 26 s 16) amd 1959 8 Eliz 2 No. 55 s 13; 1961 10 Eliz 2 No. 27 s 10; 1965 No. 26 s 15; 1968 No. 22 s 6

sub 1974 No. 18 s 8

amd 1977 No. 26 ss 3, 4; 1980 No. 35 s 4 (1) sch 1; 1982 No. 15 s 6; 1982 No. 52 s 4; 1984 No. 102 ss 8, 33; 1988 No. 94 s 2; 1988 No. 105 s 32; 1990 No. 103 ss 2.7, 2.26; 1994 No. 7 s 3 sch; 1994 No. 43 s 143 sch 3; 1997 No. 81 s 3 sch; 1999 No. 42 s 7, s 54 (1) sch amdts 36–44

reloc 1999 No. 42 s 54 (1) sch amdt 89

amd 2001 No. 79 s 97; 2003 No. 69 s 6; 2004 No. 53 s 2 sch; 2006 No. 57 s 54; 2007 No. 6 ss 55, 66 schs 2–3; 2010 No. 13 ss 4, 15, 3 sch pt 1; 2011 No. 12 s 100; 2016 No. 3 s 75; 2017 No. 18 s 34

79AAProvisions applying to supervisor of a learner

(1)This section applies to a person who is the supervisor of a learner while the learner is driving a motor vehicle under the direction of the supervisor.
(2)The supervisor is in charge of the motor vehicle for the purposes of—
(a)the relevant provisions; and
(b)other provisions of this Act applying in relation to any charge, proceedings, conviction or sentence for an offence against a relevant provision.

Examples for subsection (2)(a)—

1If a learner is driving a car under the direction of a supervisor, the supervisor is in charge of the car and must not be over the general alcohol limit.
2If a learner is driving a truck or bus under the direction of a supervisor, the supervisor of the learner is in charge of the truck or bus and must not be over the no alcohol limit.
(3)Subsection (2) has no effect on the application of the relevant provisions, or any other provisions of this Act, to the learner.
(4)In this section—
learner means—
(a)the holder of a licence that, under a regulation, authorises the holder to learn to drive a motor vehicle; or
(b)the holder of a licence granted outside Queensland that corresponds to a licence mentioned in paragraph (a).
relevant provisions means sections 79 and 80.
supervisor, of a learner—
(a)means a person who—
(i)under a regulation, is a person with whom a learner is authorised to drive under direction; or
(ii)purports to be a person mentioned in subparagraph (i); but
(b)does not include a person accredited as a driver trainer under a regulation while the person is acting in the person’s professional capacity as a driver trainer.

s 79AA ins 2006 No. 21 s 142

79AWhen is a person over the limit

(1)For this Act, a person is over the no alcohol limit if—
(a)the concentration of alcohol in the person’s blood is more than 0mg of alcohol in 100mL of blood; or
(b)the concentration of alcohol in the person’s breath is more than 0g of alcohol in 210L of breath.
(2)For this Act, a person is over the general alcohol limit if—
(a)the concentration of alcohol in the person’s blood is, or is more than, 50mg of alcohol in 100mL of blood; or
(b)the concentration of alcohol in the person’s breath is, or is more than, 0.050g of alcohol in 210L of breath.
(2A)For this Act, a person is over the middle alcohol limit if—
(a)the concentration of alcohol in the person’s blood is, or is more than, 100mg of alcohol in 100mL of blood; or
(b)the concentration of alcohol in the person’s breath is, or is more than, 0.100g of alcohol in 210L of breath.
(3)For this Act, a person is over the high alcohol limit if—
(a)the concentration of alcohol in the person’s blood is, or is more than, 150mg of alcohol in 100mL of blood; or
(b)the concentration of alcohol in the person’s breath is, or is more than, 0.150g of alcohol in 210L of breath.
(4)For this Act—
(a)the concentration of alcohol in a person’s blood may be expressed as—
(i)a stated number of milligrams of alcohol in 100mL of blood; or
(ii)a percentage that expresses the stated number of milligrams of alcohol in 100mL of blood; and
(b)the concentration of alcohol in a person’s breath may be expressed as—
(i)a stated number of grams of alcohol in 210L of breath; or
(ii)a stated number of grams in 210L.

Examples for subsection (4)—

1The concentration of alcohol in a person’s blood may be expressed as 63mg of alcohol in 100mL of blood or as 0.063%.
2The concentration of alcohol in a person’s breath may be expressed as 0.063g of alcohol in 210L of breath or as 0.063g/210L.

s 79A ins 2003 No. 69 s 7

amd 2007 No. 6 s 66 (1) sch 2; 2011 No. 12 s 101

79BImmediate suspension or disqualification

(1)This section applies if a person is—
(a)charged under section 79(1) with an offence committed while under the influence of liquor or a drug; or
(ab)charged under section 79(1F) with an offence; or
(b)charged under section 80(11) with failing to provide a specimen of the person’s breath or saliva for analysis or a specimen of the person’s blood for a laboratory test; or
(c)charged under section 79(2), (2AA), (2A), (2B), (2J), (2K) or (2L) with an offence committed after having been charged, after the commencement of this paragraph, with another offence under section 79(2), (2AA), (2A), (2B), (2J), (2K) or (2L) and the earlier charge has not been dealt with by a court, or withdrawn or otherwise discontinued; or
(ca)charged under section 79(2), (2AA), (2A), (2B), (2J), (2K) or (2L) with an offence committed after a replacement licence is issued, and while a section 79E order applies, to the person; or
(d)charged under the Criminal Code, section 328A(1) or (4) with the dangerous operation of a motor vehicle, when accompanied by the circumstance of aggravation that at the time of committing the offence the person was adversely affected by an intoxicating substance.
(1A)However, this section only applies in the circumstances mentioned in subsection (1)(a) to (ca) if the person is charged under a provision mentioned in subsection (1)(a) to (ca) with an offence relating to—
(a)driving a motor vehicle; or
(b)attempting to put in motion a motor vehicle; or
(c)being in charge of a motor vehicle.
(2)If the person holds a Queensland driver licence, the person’s Queensland driver licence is suspended.
(3)If the person’s authority to drive on a Queensland road is under a non-Queensland driver licence, the person’s authority under the licence to drive on a Queensland road is suspended.
(4)If the person does not hold a driver licence, the person is disqualified from obtaining or holding a Queensland driver licence.
(5)The suspension or disqualification under subsection (2), (3) or (4) starts when the person is charged and ends—
(a)for a suspension of a Queensland driver licence in relation to which a court may make a section 79E order, when the first of the following happens—
(i)a replacement licence is issued to the person under section 79F;
(ii)the charge is dealt with by a court or is withdrawn or otherwise discontinued; or
(b)in any other case, when the charge is dealt with by a court or is withdrawn or otherwise discontinued.

Note—

Section 127 provides for consequences for disqualifications, suspensions, etc. In particular, see section 127(4) and (5).
(6)If a person’s driver licence is suspended under this section and, at the time the driver licence is suspended, section 80(22AA) also applies to the person, the suspension of the driver licence under section 80(22AA) is superseded by the suspension under this section.
(7)In this section—
replacement licence see section 79F(2).

s 79B ins 2006 No. 21 s 143 (amd 2006 No. 57 s 47)

amd 2007 No. 6 s 56; 2007 No. 43 s 79; 2010 No. 13 ss 5, 3 sch pt 1; 2011 No. 12 s 102

79CWhen person is charged for s 79B

(1)This section applies if a proceeding for an offence as mentioned in section 79B(1) is started against a person by notice to appear, arrest or on complaint and summons.
(2)If the proceeding is started by notice to appear, the person is, for section 79B, taken to be charged with the offence when the notice to appear is issued and served on the person.
(3)If the proceeding is started by arrest, the person is, for section 79B, taken to have been charged with the offence when the person is arrested.
(4)If the proceeding is started by complaint and summons, the person is, for section 79B, taken to have been charged with the offence when the complaint and summons is issued and served on the person.
(5)In this section—
notice to appear has the meaning given by the Police Powers and Responsibilities Act 2000.

s 79C ins 2006 No. 21 s 143

79DNotice to be given of suspension or disqualification

(1)This section applies if, under section 79B
(a)a person’s Queensland driver licence, or authority to drive on a Queensland road under a non-Queensland driver licence, is suspended; or
(b)a person is disqualified from obtaining or holding a Queensland driver licence.
(2)As soon as practicable after the person is charged with the offence to which the suspension or disqualification relates—
(a)a police officer must give the person a notice about the suspension or disqualification, in the approved form, for the person’s information; and
(b)the commissioner must give the chief executive notice about the details of the suspension or disqualification.
(3)Failure by a police officer or the commissioner to give notice under subsection (2)(a) or (b) about the suspension or disqualification does not invalidate the suspension or disqualification, or affect anything done in relation to the suspension or disqualification unless, in relation to a notice under subsection (2)(a), the police officer has no reasonable excuse for failing to give the notice.

s 79D ins 2006 No. 21 s 143

79ECourt may allow particular person whose licence is suspended under s 79B to drive

(1)This section applies to a person—
(a)whose Queensland driver licence is suspended under section 79B(2) because the person has been charged as mentioned in section 79B(1)(a), (ab), (b) or (d); and
(b)who is eligible, and who applies, under a regulation as mentioned in subsection (4).
(2)On application to a court by the person, the court may, by order, authorise the person to continue to drive motor vehicles under a Queensland driver licence in stated circumstances.
(3)Despite the order, the person is not authorised to drive a motor vehicle under a Queensland driver licence until the person obtains a replacement licence under section 79F.

Note—

Until a replacement licence is obtained under 79F, the suspension continues under section 79B and it would be an offence against section 78 for the person to drive a motor vehicle for which a licence is required.
(4)A regulation may provide for matters relating to an order under subsection (2), including, for example, the following—
(a)the persons who are eligible, and who are not eligible, to apply for an order;
(b)how and when an application for an order is to be made;
(c)the criteria to be used in deciding an application for an order;
(d)the types of restrictions the court may or must apply to a licence;
(e)the period for which an order is effective;
(f)variation of an order;
(g)the consequences for failing to comply with an order or a restriction applicable to a licence, including, for example, the creation of offences and the disqualification of a person from holding or obtaining a licence.

s 79E ins 2006 No. 57 s 55

amd 2007 No. 6 s 56A; 2011 No. 12 s 103

79FReplacement licence if there is an order under s 79E

(1)This section applies to a person authorised to continue to drive motor vehicles by a section 79E order.
(2)The person may apply for a form of licence (a replacement licence) that is the same kind, class or description as the licence suspended under section 79B except for the inclusion of a code indicating that the holder of the licence is authorised to drive motor vehicles only under a section 79E order.

Note—

See chapter 5B for requirements about the application.
(3)In making a decision about the application, the chief executive must—
(a)have regard to the section 79E order; and
(b)deal with the application as if it were an application for a Queensland driver licence.
(4)The chief executive may only refuse the application if under an Act—
(a)the person’s licence is suspended or cancelled, or the person is disqualified from holding or obtaining a Queensland driver licence, for a reason other than the reason that resulted in the suspension to which the section 79E order relates; or
(b)the person’s licence would have been suspended or cancelled, or the person would have been disqualified from holding or obtaining a Queensland driver licence, except the person’s licence was already suspended under section 79B(2).
(5)Subsection (4) applies—
(a)despite subsection (3)(b); and
(b)subject to section 163B(4).

s 79F ins 2006 No. 57 s 55

amd 2007 No. 6 s 56B; 2017 No. 25 s 74

79GWhen person is disqualified while section 79E order applies

(1)This section applies if—
(a)a person in relation to whom a section 79E order applies is, for any reason, disqualified by a court for a period from holding or obtaining a Queensland driver licence; and
(b)the period of disqualification ends before the relevant charge for the person’s suspended licence, in relation to which the section 79E order was made, is dealt with by a court or is withdrawn or is otherwise discontinued.
(2)The person is, by operation of law and without a specific order, disqualified from holding or obtaining a Queensland driver licence until the relevant charge is dealt with by a court or is withdrawn or is otherwise discontinued.
(3)In this section—
relevant charge, for a person’s suspended licence, means the charge that resulted in the licence being suspended under section 79B(2).
suspended licence, of a person, means the person’s Queensland driver licence that has been suspended under section 79B(2) because the person has been charged as mentioned in section 79B(1)(a), (ab), (b) or (d).

s 79G ins 2007 No. 6 s 56C

amd 2010 No. 13 s 3 sch pt 1; 2011 No. 12 s 104

80Breath and saliva tests, and analysis and laboratory tests

(1)Definitions
In this section—
authorised police officer means any police officer authorised by the commissioner under subsection (8G) to operate either or both of the following—
(a)a breath analysing instrument;
(b)a saliva analysing instrument.
breath analysing instrument means an instrument—
(a)for finding out the concentration of alcohol in—
(i)a person’s blood by analysing a specimen of the person’s breath; or
(ii)a person’s breath by analysing a specimen of the person’s breath; and
(b)approved under a regulation.
breath test means a test to obtain an indication of the concentration of alcohol in a person’s breath using a device approved under a regulation.

Note—

As to devices previously approved by gazette notice, see the Statutory Instruments Act 1992, section 20C.
health care professional means—
(a)a doctor; or
(b)a nurse; or
(c)a qualified assistant.
nurse means a person registered under the Health Practitioner Regulation National Law—
(a)to practise in the nursing profession, other than as a student; and
(b)in the registered nurses division of that profession.
qualified assistant means a person whose duties include the taking of blood.
saliva analysing instrument means an instrument, that is approved under a regulation, for finding out whether a relevant drug is present in a person’s saliva by analysing a specimen of the person’s saliva.
saliva analysis, for a specimen of saliva, means analysis of the specimen by using a saliva analysing instrument and, if the saliva analysing instrument indicates the presence of a relevant drug in the specimen, analysis of another part of the specimen of saliva by a laboratory test approved under a regulation.
saliva test means a test to obtain an indication of the presence of a relevant drug in a person’s saliva by using a device approved under a regulation.
specimen, in relation to saliva, includes parts of the saliva specimen.
suspend, in relation to a driver licence issued outside Queensland, includes suspend the authority to drive on a Queensland road under the licence.
(1A)When person taken not to have provided specimen
If a person is required under this section to provide a specimen of breath for a breath test or analysis, a specimen of saliva for a saliva test or for saliva analysis or a specimen of blood for a laboratory test, the person is taken not to have provided the specimen unless it—
(a)is sufficient to enable the test or the analysis to be carried out; and
(b)is provided in a way that enables the objective of the test or analysis to be satisfactorily achieved.
(2)Request for specimen of breath or saliva
A police officer may require any person found by the officer or who the officer reasonably suspects was during the last preceding 3 hours—
(a)driving a motor vehicle, tram or train on a road or elsewhere; or
(b)attempting to put in motion a motor vehicle, tram or train on a road or elsewhere; or
(c)in charge of a motor vehicle, tram or train on a road or elsewhere; or
(ca)otherwise operating, or interfering with the operation of, a motor vehicle dangerously on a road or elsewhere; or
(d)driving or in charge of or attempting to put in motion a vessel being used or apparently about to be used in navigation;
      to provide a specimen of breath for a breath test by the person, a specimen of saliva for a saliva test by the person, or both.
(2A)Request for specimen of breath or saliva after incident
If a motor vehicle, tram, train or vessel is involved in an incident resulting in injury to or death of any person or damage to property a police officer may require any person who the officer reasonably suspects—
(a)was driving or attempting to drive the motor vehicle, tram or train on a road or elsewhere; or
(b)was in charge of the motor vehicle, tram or train on a road or elsewhere; or
(ba)for an incident involving a motor vehicle—was otherwise operating, or interfering with the operation of, the motor vehicle dangerously; or
(c)was driving or in charge of or attempting to drive the vessel;
      at the time of the incident to provide a specimen of breath for a breath test by the person, a specimen of saliva for a saliva test by the person or both.
(2B)Application of subsection (2C)
Subsection (2C) applies if—
(a)a police officer requires a person to provide a specimen of breath for a breath test by the person, a specimen of saliva for a saliva test by the person, or both, under subsection (2) or (2A); and
(b)the person—
(i)is taken not to have provided the specimen of breath or saliva under subsection (1A); or
(ii)provides the specimen of breath or saliva; but—
(A)the device used for the test is or becomes defective precluding its satisfactory operation; or
(B)for any reason it is not possible to use or continue using the device to conduct the breath test or saliva test; or
(C)for any other reason it is not possible to complete the breath test or saliva test.
(2C)More than 1 specimen may be required
Under subsection (2) or (2A), the police officer may require the person to provide as many specimens of breath or saliva, or both, as the police officer considers reasonably necessary to carry out the breath test, the saliva test or both.
(3)Time and place for provision of specimen
A police officer who is exercising a power conferred on the officer by subsection (2) or (2A) may require the person in question to provide the specimen of breath or saliva—
(a)at the time when and the place where the police officer makes the requirement including at any police station where the person may then be; or
(b)at the police station nearest to that place or at some other police station conveniently located as soon as practicable after the police officer makes the requirement if the police officer believes on reasonable grounds that it is reasonable for such person to be taken to a police station for the purpose, having regard to the circumstances of the case; or
(c)without limiting paragraph (b), as soon as practicable after the police officer makes the requirement, at a place at which the police officer believes on reasonable grounds there is located a device that the police officer may use for carrying out a breath test or saliva test if the police officer does not have a device for the relevant test with him or her.
(4)Time limits for requirement for specimen
A requirement must not be made under subsection (2) or (2A) unless it is made as soon as practicable and within 3 hours after the event happens that authorises the police officer to make the requirement under the subsection.
(5)Forcible taking of person to police station or other place
If a person required by a police officer under subsection (2) or (2A) to provide at a police station or other place a specimen of breath for a breath test, or of saliva for a saliva test, by the person fails to go voluntarily to the police station or other place for that purpose, any police officer, using such force as is necessary, may take the person to the police station or, as the case may be, other place for that purpose.
(5A)Offence of failing to provide specimen as required
Subject to subsection (5B), if a person required by a police officer under subsection (2) or (2A) to provide a specimen of breath for a breath test, or a specimen of saliva for a saliva test, by the person either—
(a)fails to provide the specimen; or
(b)fails to provide the specimen in the manner directed by the police officer who makes the requirement;
      the person commits an offence against this Act.

Maximum penalty—40 penalty units or 6 months imprisonment.

(5B)When person is not guilty under subsection (5A)
A person referred to in subsection (5A) is not guilty of an offence under that subsection if—
(a)immediately after the requirement is made, the person produces to the police officer a certificate in the approved form from a doctor stating that—
(i)because of a stated illness or disability, the person is incapable of providing a specimen of breath, a specimen of saliva or both a specimen of breath and of saliva; or
(ii)the provision of a specimen of breath, a specimen of saliva or both a specimen of breath and of saliva could adversely affect the person’s health; or
(b)the person satisfies the justices that the requisition to provide a specimen of breath, a specimen of saliva or both a specimen of breath and of saliva was not lawfully made or that the person was, by reason of the events that occurred, incapable of providing the specimen as required or that there was some other reason of a substantial character for the person’s failure to provide the specimen as required other than a desire to avoid providing information that might be used in evidence.
(6)Powers of police for subsections (8)–(8L)
If—
(a)it appears to a police officer in consequence of a breath test carried out by the officer on a specimen of breath of any person that the person is over the general alcohol limit; or
(aa)it appears to a police officer in consequence of a breath test carried out by the officer on a specimen of breath of any person that the person is over the no alcohol limit and the police officer reasonably suspects that the person is a person to whom section 79(2A), (2B), (2D), (2J), (2K) or (2L) refers; or
(ab)it appears to a police officer in consequence of a saliva test carried out by the officer on a specimen of saliva of any person that a relevant drug is present in the person’s saliva; or
(b)a person required by a police officer under subsection (2) or (2A) to provide a specimen of breath for a breath test, or a specimen of saliva for a saliva test, by the person—
(i)fails to provide the specimen; or
(ii)fails to provide the specimen in the manner directed by the police officer who makes the requirement; or
(iii)declines to wait for such time as is reasonable in the circumstances to enable the test to be carried out satisfactorily; or
(ba)a police officer reasonably suspects that a person who produces a certificate under subsection (5B)(a) is, because of the external signs exhibited by the person, affected by liquor or a drug;
      any police officer, using such force as is necessary, may—
(c)take the person to a police station, hospital or other place authorised under this section; or
(ca)take the person to a vehicle or vessel where facilities are available for the analysis by a breath analysing instrument of a specimen of breath or by a saliva analysing instrument of a specimen of saliva; or
(d)if the person is already at a police station—detain the person there or take the person—
(i)to such other police station as is convenient and reasonable in the circumstances; or
(ii)to a vehicle or vessel, such as is convenient and reasonable in the circumstances, where facilities are available for the analysis by a breath analysing instrument of a specimen of breath or by a saliva analysing instrument of a specimen of saliva; or
(e)if the person is already at a vehicle or vessel where facilities are available for the analysis by a breath analysing instrument of a specimen of breath or by a saliva analysing instrument of a specimen of saliva—detain the person there or take the person—
(i)to another such vehicle or vessel as is convenient and reasonable in the circumstances; or
(ii)to a police station such as is convenient and reasonable in the circumstances;
      for the purposes of subsections (8) to (8L).
(8)Particular persons under arrest or detained may be required to provide specimen
Any person who—
(a)is arrested for an offence against section 79 or 83; or
(b)is arrested for any indictable offence in connection with or arising out of the driving of a motor vehicle by the person (including any offence against any provision of the Criminal Code, section 328A); or
(ba)is arrested for an offence against the Criminal Code, section 328A in connection with or arising out of the operation, or interference with the operation, of a motor vehicle, other than an offence mentioned in paragraph (b); or
(c)is, for the purposes of subsections (8) to (8L), detained at or taken to a police station, or detained at or taken to a vehicle or vessel where facilities are available for the analysis by a breath analysing instrument of a specimen of breath or by a saliva analysing instrument of a specimen of saliva, or taken to a hospital or other place authorised under this section;
      may, while at a police station, vehicle, vessel, hospital or other place authorised under this section as aforesaid, be required by any police officer to provide 1 or more of the following as any police officer requires—
(d)a specimen of the person’s breath for analysis by a breath analysing instrument;
(e)a specimen of the person’s saliva for saliva analysis;
(f)a specimen of the person’s blood for a laboratory test.
(8A)Detaining person mentioned in subsection (8)
A person to whom subsection (8) applies may be detained at a police station, vehicle, vessel, hospital or other place as aforesaid for the purposes of subsections (8) to (8L) by a police officer.
(8B)Person may be taken to particular places for subsections (8)–(8L)
Any person referred to in subsection (8) may, for the purposes of subsections (8) to (8L), be taken—
(a)to a police station; or
(b)to a police station, vehicle or vessel where facilities are available for either or both of the following—
(i)analysing a specimen of breath by a breath analysing instrument;
(ii)analysing a specimen of saliva by a saliva analysing instrument; or
(c)to a hospital; or
(d)if there are reasonable grounds for believing that a doctor or nurse is available at any other place—to that place;
      and such person may be taken to more than 1 of such places if the purposes of those subsections can not be carried out or effected at a place to which the person has been first taken.
(8C)Police officer may require specimen if person at hospital
If a person whom a police officer may require under subsection (2) or (2A) to provide a specimen of breath for a breath test, or a specimen of saliva for a saliva test, by the person (an authorising requirement) is at the hospital for treatment, that person may be required by any police officer to provide at the hospital—
(a)if the specimen that may be required under the authorising requirement is a specimen of breath—a specimen of the person’s breath for analysis by a breath analysing instrument or a specimen of the person’s blood for a laboratory test; or
(b)if the specimen that may be required under the authorising requirement is a specimen of saliva—a specimen of the person’s saliva for saliva analysis or a specimen of the person’s blood for a laboratory test.
(8D)Limitation applying to requisition under subsection (8C)
A requirement for a person to provide a specimen under subsection (8C) must not be made under the subsection unless—
(a)a doctor who is familiar with the person’s injuries and apparent state of health at the time of the requirement approves of the person providing the specimen; and
(b)the requirement is made as soon as practicable and within 3 hours of the event that authorises the police officer to make the authorising requirement.
(8E)Specimen of blood must be required if doctor’s certificate produced
If a person who is required under subsection (8) or (8C) to provide a specimen of the person’s breath or saliva for analysis forthwith on being so required produces to the police officer who made the requisition a doctor’s certificate mentioned in subsection (5B)(a) material to the provision of the specimen, the police officer must not require a specimen of breath or saliva of the person but must require a specimen of the person’s blood.
(8F)Providing a specimen of breath
A person who is required under subsection (8) or (8C) to provide a specimen of the person’s breath for analysis must do so, when directed by the doctor or authorised police officer operating or who is to operate the breath analysing instrument, by placing the person’s mouth over the mouthpiece of the instrument and blowing directly and continuously (and without escape of breath otherwise) through that mouthpiece into the instrument until told to stop by the doctor or authorised police officer operating the instrument.
(8FA)Providing a specimen of saliva
A person required under subsection (8) or (8C) to provide a specimen of the person’s saliva for saliva analysis must do so by—
(a)placing a collection unit, that is prescribed under a regulation, into or adjacent to the person’s mouth when directed by the authorised police officer operating, or who is to operate, a saliva analysing instrument; and
(b)while providing the specimen, holding or otherwise dealing with the collection unit, in a way prescribed under a regulation, until told to stop by the authorised police officer.
(8G)Authorising a police officer to operate breath or saliva analysing instrument
The commissioner may, by writing under the commissioner’s hand, authorise any police officer to be an authorised police officer to operate either or both of the following on being satisfied the officer is competent to operate the instrument—
(a)a breath analysing instrument;
(b)a saliva analysing instrument.
(8H)Lost, mislaid or destroyed instrument of authority
If an authorised police officer’s instrument of authority issued under subsection (8G) is lost, mislaid, or destroyed or otherwise can not be produced—
(a)the police officer continues to be an authorised police officer even though the instrument of authority has been lost, mislaid, or destroyed or otherwise can not be produced; and
(b)the commissioner may issue to the officer a replacement instrument of authority; and
(c)the replacement instrument of authority is taken to have effect from the date the original instrument of authority was issued.
(8I)Certificate of commissioner about authorisation
A certificate purporting to be signed by the commissioner that the police officer named in the certificate is authorised by the commissioner to operate a breath analysing instrument or saliva analysing instrument is, in the absence of proof to the contrary, proof that the named police officer is so authorised.
(8L)Application of subsection (8M)
Subsection (8M) applies if—
(a)a person has been required to provide, under subsection (8) or (8C), a specimen of the person’s breath for analysis by a breath analysing instrument, a specimen of the person’s saliva for saliva analysis or a specimen of the person’s blood for a laboratory test; and
(b)the person—
(i)is taken under subsection (1A) not to have provided the specimen that was required; or
(ii)provides a specimen of breath for analysis by a breath analysing instrument or a specimen of saliva for saliva analysis; but—
(A)the relevant breath analysing instrument or saliva analysing instrument is or becomes defective precluding its satisfactory operation to analyse the breath specimen or saliva specimen; or
(B)for any reason it is not possible to use or continue using the breath analysing instrument for analysing the breath specimen or the saliva analysing instrument for analysing the saliva specimen; or
(C)for an analysis by a breath analysing instrument, the instrument indicates to the authorised police officer operating the instrument that alcohol or some other substance is present in the mouth of the person supplying the breath specimen; or
(D)for any other reason it is not possible to complete the analysis.
(8M)Requiring as many specimens as considered reasonably necessary
Under subsection (8) or (8C), the police officer is authorised to require the person to provide as many specimens of breath, saliva or blood as the officer considers reasonably necessary to carry out the analysis or test.
(9)Requiring specimen of blood or urine for laboratory test
If a person—
(a)is arrested for any offence referred to in subsection (8); or
(b)is, for the purposes of subsections (8) to (8L), detained at or taken to a police station, vehicle or vessel, or taken to a hospital or other place authorised under this section;
      and while at a police station, vehicle, vessel, hospital or other place authorised under this section as aforesaid is required by a police officer to provide a specimen of the person’s breath for analysis by a breath analysing instrument, or the person’s saliva for saliva analysis, the police officer making the requisition may—
(c)if the police officer who arrested, detained or took as aforesaid the person believes on reasonable grounds that at the time of the arrest, detaining or taking the person exhibited external signs indicating that the person was affected by liquor or a drug; and
(d)if—
(i)the analysis by the breath analysing instrument of the specimen of breath provided under the requisition indicates either that there is no alcohol in the person’s blood or breath or that the concentration of alcohol in the person’s blood or breath does not reasonably explain the external signs exhibited and observed; or
(ii)the analysis by the saliva analysing instrument of the specimen of saliva provided under the requisition indicates that there is no relevant drug in the person’s saliva;
      require the person to provide a specimen of the person’s blood for a laboratory test and, subject to the direction of a doctor or nurse, a specimen of the person’s urine for a laboratory test.
(9A)Powers of a police officer making requisition under subsection (9)
The police officer making the requisition may detain the person at a police station, vehicle, vessel, hospital or other place authorised under this section for a period of time that is reasonable in the circumstances to enable a doctor to attend there in connection with the provision by the person of a specimen of blood or urine or, as the case requires, such police officer may take the person to a place where, in the reasonable belief of such officer, a doctor or nurse is available for the purposes of the provision by the person of a specimen of the person’s blood.
(9B)Taking of specimen of blood by health care professional
A person who is required by a police officer, under this section, to provide a specimen of the person’s blood for a laboratory test must allow a doctor or nurse, or a qualified assistant directed by a doctor or nurse to take the specimen, to take the specimen when and as directed by and to the satisfaction of the health care professional, the health care professional being hereby authorised to take such specimen whether or not the person consents to the taking.
(9C)Providing specimen of urine as directed by doctor or nurse
A person who is required under subsection (9) to provide a specimen of the person’s urine for a laboratory test must do so when and as directed by a doctor or nurse.
(10)Requiring doctor or nurse to obtain specimen of blood for laboratory test
A police officer may require a doctor or nurse who is attending a person who is at a hospital for treatment to obtain a specimen of the person’s blood for a laboratory test, if the person—
(a)is a person whom a police officer may require under subsection (2) or (2A) to provide a specimen of breath for a breath test or a specimen of saliva for a saliva test; and
(b)is, or appears to be, unable to consent to the taking of the specimen of blood because the person is, or appears to be, unconscious or otherwise unable to communicate.
(10A)Obligations of doctors and nurses when taking specimen of blood
The doctor or nurse must—
(a)take a specimen of the person’s blood that will enable the laboratory test to be carried out; or
(b)ensure that a qualified assistant takes a specimen of the person’s blood that will enable the laboratory test to be carried out.
(10B)Qualified assistant may take specimen of blood
A qualified assistant may take the specimen of the person’s blood if directed to do so by the doctor or nurse.
(10C)Specimen of blood also to be given to person
The health care professional who takes the specimen of the person’s blood under subsection (10A)(a) or (10B) must, immediately after taking the specimen, take another specimen of the person’s blood and give it to the person as soon as practicable.
(10D)Doctor or nurse need not comply with subsection (10A) in particular circumstances
The doctor or nurse need not comply with subsection (10A) if the doctor or nurse—
(a)reasonably believes that taking the specimen would be prejudicial to the person’s treatment; or
(b)has another reasonable excuse.

Example—

A doctor or nurse would have a reasonable excuse if he or she was required to attend to a patient suffering a heart attack and was unable to take the specimen of blood when required.
(10E)Limitation on requiring specimen of blood when specimen of breath previously provided and analysed
A police officer must not make a requirement under subsection (10) relating to a person whom a police officer may require under subsection (2) or (2A) to provide a specimen of breath for a breath test if—
(a)under this section, the person has provided a specimen of breath (the analysis specimen) for analysis by a breath analysing instrument in relation to the occurrence or event in relation to which the police officer may require a specimen of breath for a breath test as mentioned in subsection (10)(a); and
(b)the analysis specimen has been analysed by a breath analysing instrument; and
(c)there is a certificate under subsection (15) for the analysis.
(10EA)Limitation on requiring specimen of blood when specimen of saliva previously analysed
Also, a police officer must not make a requirement under subsection (10) relating to a person whom a police officer may require under subsection (2) or (2A) to provide a specimen of saliva for a saliva test if—
(a)under this section, the person has provided a specimen of saliva for saliva analysis in relation to the occurrence or event in relation to which the police officer may require a specimen of saliva for a saliva test as mentioned in subsection (10)(a); and
(b)the specimen for saliva analysis has been analysed by a saliva analysing instrument; and
(c)there is a notice given to the police officer as mentioned in subsection (15AB)(b)(i) for the analysis.
(10F)Subsections (10A) and (10C) do not create offences.
(10G)Lawful to take specimen of blood without consent
It is lawful for a health care professional to take a specimen of a person’s blood under subsection (10A)(a), (10B) or (10C) even though the person has not consented to the taking.
(11)Guilt of offence and liability for failing to provide specimen
If a police officer makes a requisition under subsection (8), (8C) or (9) in relation to a person driving, attempting to put in motion or in charge of a motor vehicle, tram, train or vessel, and the person fails to provide as prescribed in this section—
(a)a specimen of the person’s breath for analysis by a breath analysing instrument; or
(b)a specimen of the person’s saliva for saliva analysis; or
(c)a specimen of the person’s blood for a laboratory test;
      each of the following applies—
(d)the person is guilty of an offence that is taken to be an offence against the appropriate provision of section 79(1);
(e)the person is liable to the same punishment in all respects, including disqualification from holding or obtaining a Queensland driver licence, as the person would be if the offence were actually an offence committed by the person against the appropriate provision of section 79(1).
(11AA)If a police officer makes a requisition under subsection (8), (8C) or (9) in relation to a person other than a person mentioned in subsection (11), and the person fails to provide as prescribed in this section—
(a)a specimen of the person’s breath for analysis by a breath analysing instrument; or
(b)a specimen of the person’s saliva for saliva analysis; or
(c)a specimen of the person’s blood for a laboratory test;
      the person commits an offence against this Act.

Maximum penalty—40 penalty units or 6 months imprisonment.

(11A)Person not guilty under subsection (11) in particular circumstances
A person referred to in subsection (11) or (11AA) is not guilty of an offence under that subsection if the person satisfies the justices that the requisition to provide the specimen was not lawfully made or that the person was, because of the events that occurred, incapable of providing the specimen or that there was some other reason of a substantial character for the person’s failure to provide the specimen other than a desire to avoid providing information that might be used in evidence.
(15)Breath analysis certificate
As soon as practicable after a specimen of breath provided under a requisition has been analysed by means of a breath analysing instrument, the doctor or authorised police officer operating such instrument must sign 2 copies of a certificate in writing stating the concentration of alcohol indicated by the analysis to be present in the blood or breath of the person whose breath has been analysed, the date and time at which the analysis was made, and must—
(a)either—
(i)if the specimen was analysed by the police officer who made the requisition—retain 1 copy of the certificate; or
(ii)otherwise—deliver 1 copy of the certificate to the police officer who made the requisition; and
(b)deliver the other copy to the person whose breath has been analysed (or to another person on behalf of that person on request by that other person).
(15A)Subsection (15) certificate evidence
A copy of a certificate under subsection (15)—
(a)is evidence that the instrument operated by the doctor or officer was a breath analysing instrument; and
(b)is evidence that the instrument was in proper working order and properly operated by the doctor or officer; and
(c)is evidence that all regulations relating to breath analysing instruments were complied with; and
(d)is presumed to have been given to the person whose breath was analysed, unless the contrary is proved.
(15AB)Saliva analysis instrument record and notices
As soon as practicable after a specimen of saliva provided under a requisition has been analysed by means of a saliva analysing instrument, the authorised police officer operating the instrument must—
(a)enter details in a record, prescribed under a regulation, about the analysis, including the date and time at which the analysis was made and whether a relevant drug was present in the saliva that has been analysed, and sign the record for the entry; and
(b)give a notice, in the approved form, about the result of the analysis to each of the following—
(i)the police officer who made the requisition;
(ii)the person whose saliva has been analysed (or to another person on behalf of that person on request by that other person).
(15AC)Approved form for person whose saliva is tested is to include particular matters
If a relevant drug is present in analysed saliva, the approved form given to a person as mentioned in subsection (15AB)(b)(ii) for the analysis must include notice about each of the following—
(a)the person may request a specimen of the person’s saliva be given to him or her as stated in subsection (20A);
(b)another part of the specimen that was analysed by the saliva analysing instrument will be delivered to a laboratory of an analyst to be tested for the presence of a relevant drug.
(15B)Certificate of failure to provide breath or saliva specimen
If a person who is required under subsection (8) or (8C) to provide a specimen of the person’s breath for analysis or saliva for saliva analysis fails to do so as prescribed by that subsection, the doctor or authorised police officer operating or to operate the breath analysing instrument or the police officer operating or to operate the saliva analysing instrument must, as soon as practicable after the person fails to provide the specimen, sign 2 copies of a certificate in writing stating—
(a)the full name of the person concerned; and
(b)the name of the police officer who made the requisition; and
(ba)whether the requisition was for a specimen of the person’s breath for analysis or saliva for saliva analysis; and
(c)the name of the operator of the breath analysing instrument or saliva analysing instrument; and
(d)the name and patent number or name and model number appearing on the breath analysing instrument or saliva analysing instrument; and
(e)that the person concerned failed to provide as prescribed by that subsection a specimen of breath or saliva when required;
      and must—
(g)either—
(i)if the operator of the breath analysing instrument is the police officer who made the requisition—retain 1 copy of the certificate; or
(ii)otherwise—deliver 1 copy of the certificate to the police officer who made the requisition; and
(h)deliver the other copy to the person who failed to provide as prescribed the specimen of breath or saliva when required (or to another person on behalf of that person on request by that other person).
(15F)Subsection (15B) certificate evidence
A certificate referred to in subsection (15B) must, on its production in any proceeding, be accepted as evidence—
(a)that a requisition to provide a specimen of the person’s breath for analysis or saliva for saliva analysis was made to the person concerned by the police officer named in the certificate as the police officer making the requisition; and
(b)that the person concerned failed to provide as prescribed by subsections (8) to (8L) a specimen of breath or saliva when required; and
(c)that an approved breath analysing instrument or saliva analysing instrument was available at the place where and at the time when the requisition was made for the purpose of analysing a specimen provided in accordance with the requisition;

and until the contrary is proved is conclusive such evidence.

(15G)Evidence from breath analysing instrument
Evidence by a doctor or an authorised police officer or by a copy of a certificate referred to in subsection (15) purporting to be signed by a doctor or an authorised police officer of the concentration of alcohol indicated to be present in the blood or breath of a person by a breath analysing instrument operated by such doctor or authorised police officer is, subject to subsection (15H), conclusive evidence of the concentration of alcohol present in the blood or breath of the person in question at the time (being in the case of such certificate the date and time stated therein) the breath of that person was analysed and at a material time in any proceedings if the analysis was made not more than 3 hours after such material time, and at all material times between those times.
(15H)Evidence may be negatived
The defendant may negative such evidence as aforesaid if the defendant proves that at the time of the operation of the breath analysing instrument it was defective or was not properly operated.
(16)Delivery of blood, urine or saliva specimen to laboratory
As soon as practicable after—
(a)a specimen of blood or urine has been obtained under this section; or
(b)a specimen of saliva has been obtained under this section and a notice is given to a police officer as mentioned in subsection (15AB)(b)(i) stating that a relevant drug was present in the analysed specimen of saliva;
      the police officer who required the specimen must deliver it, or arrange for it to be delivered on the police officer’s behalf, to the laboratory of an analyst.
(16A)Prescribed delivery of specimen to laboratory
The specimen of blood, urine or saliva to be delivered under subsection (16) must be delivered to the analyst’s laboratory in the way prescribed under a regulation.
(16B)Certificate by analyst is evidence of stated matters
A certificate purporting to be signed by an analyst and stating—
(a)that there was received at the laboratory of the analyst from the police officer named in the certificate a specimen of the blood, or a specimen of the saliva, as stated in the certificate (the delivered specimen) of the person named in the certificate provided by that person on the date and at the place and time stated in the certificate; and
(b)that the analyst or another analyst made a laboratory test of the delivered specimen on the date and at the place stated in the certificate; and
(ba)if a laboratory test of the delivered specimen was done by another analyst—the analyst who signed the certificate—
(i)examined the laboratory’s records about the receipt, storage and testing of the delivered specimen; and
(ii)confirms the records show that all quality assurance procedures for the receipt, storage and testing of the delivered specimen that were in place in the laboratory at the time of the laboratory test were complied with; and
(c)that—
(i)if the delivered specimen was a specimen of blood—
(A)the concentration of alcohol in the person’s blood indicated by the laboratory test was a stated number of milligrams of alcohol in the blood per 100mL of blood; or
(B)a stated drug or metabolite of a stated drug was indicated by the laboratory test to be present in the person’s blood; or
(ii)if the delivered specimen was a specimen of saliva—a stated relevant drug or metabolite of a stated relevant drug was indicated by the laboratory test to be present in the person’s saliva;
      is evidence of those matters and until the contrary is proved is conclusive such evidence.
(16BA)Request for laboratory’s records
If the commissioner receives a written request for a copy of the laboratory’s records about the receipt, storage or testing of a delivered specimen from the person who gave the specimen, the commissioner must give a copy of the records to the person within 7 business days after receiving the request.
(16C)Certificate by health care professional of failure to provide blood specimen
If a person who is required under subsection (8), (8C) or (9) to provide a specimen of the person’s blood for a laboratory test fails to do so as prescribed by the subsection under which the requisition is made, the health care professional by whom the specimen is to be taken must, as soon as practicable thereafter, sign 2 copies of a certificate in writing stating—
(a)the full name of the person concerned; and
(b)the name of the police officer who made the requisition; and
(c)that the person concerned failed to provide a specimen of blood when required;
      and must deliver—
(e)1 copy of such certificate to the police officer who made the requisition; and
(f)the other copy to the person who failed to provide the specimen of blood when required (or to another person on behalf of that person on request by that other person).
(16E)Subsection (16C) certificate evidence
A certificate referred to in subsection (16C) must, on its production in any proceeding, be accepted as evidence—
(a)that a requisition to provide a specimen of the person’s blood for a laboratory test was made to the person concerned by the police officer named in the certificate as the police officer making the requisition; and
(b)that the person concerned failed to provide as prescribed by the subsection under which the requisition was made a specimen of the person’s blood when required;
      and until the contrary is proved is conclusive such evidence.
(16F)Three hours proof of alcohol or drug concentration by laboratory test
Evidence by an analyst or by a certificate referred to in subsection (16B) of the concentration of alcohol indicated to be present in, or of the drug or metabolite of the drug indicated to be present in, the blood of a person by a laboratory test of a specimen of the blood of that person is, subject to subsection (16G), conclusive evidence of the presence of the concentration of alcohol in, or the drug or the metabolite of the drug in, the blood of that person at the time (being in the case of such certificate the date and time stated therein) when the person provided the specimen and at a material time in any proceedings if the specimen was provided not more than 3 hours after such material time, and at all material times between those times.

Note—

The reference to drug in this subsection, because of its generality, includes a relevant drug.
(16FA)Three hours proof of relevant drug presence by laboratory test
Evidence by an analyst, or by a certificate referred to in subsection (16B), that a