QLDIn ForceAct
Fossicking Act 1994
sec.85Entry of vehicles
Start here
Get a plain-English read of sec.85
Turn the raw legal text into a practical explanation grounded in Fossicking Act 1994.
### sec.85 Entry of vehicles
An authorised officer may enter a vehicle if the authorised officer has reasonable grounds for suspecting—
the vehicle is being, or has been, used in the commission of an offence against 1 of the following provisions—
section 36
section 37
section 38
section 55
section 91 (3) ; or
the vehicle, or a thing in or on the vehicle, may provide evidence of the commission of an offence against a provision mentioned in paragraph (a) .
If the vehicle is moving or about to move, the authorised officer may signal the person in control of the vehicle to stop the vehicle or not to move it.
To enable the vehicle to be entered, the authorised officer may—
act with necessary and reasonable help and force; and
require the person in control of the vehicle to give reasonable help to the officer.
A person must obey a signal under subsection (2) , unless the person has a reasonable excuse for not obeying it.
Maximum penalty—20 penalty units.
A person must comply with a requirement under subsection (3) (b) , unless the person has a reasonable excuse for not complying with it.
Maximum penalty—20 penalty units.
It is a reasonable excuse for a person to disobey a signal under subsection (2) if—
the person reasonably believes that to obey the signal immediately would have endangered the person or someone else, or the vehicle; and
the person obeys the signal as soon as it is practicable to obey it.
s 85 amd 2004 No. 4 s 57 sch
(sec.85-ssec.1) An authorised officer may enter a vehicle if the authorised officer has reasonable grounds for suspecting— the vehicle is being, or has been, used in the commission of an offence against 1 of the following provisions— section 36 section 37 section 38 section 55 section 91 (3) ; or the vehicle, or a thing in or on the vehicle, may provide evidence of the commission of an offence against a provision mentioned in paragraph (a) .
(sec.85-ssec.2) If the vehicle is moving or about to move, the authorised officer may signal the person in control of the vehicle to stop the vehicle or not to move it.
(sec.85-ssec.3) To enable the vehicle to be entered, the authorised officer may— act with necessary and reasonable help and force; and require the person in control of the vehicle to give reasonable help to the officer.
(sec.85-ssec.4) A person must obey a signal under subsection (2) , unless the person has a reasonable excuse for not obeying it. Maximum penalty—20 penalty units.
(sec.85-ssec.5) A person must comply with a requirement under subsection (3) (b) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—20 penalty units.
(sec.85-ssec.6) It is a reasonable excuse for a person to disobey a signal under subsection (2) if— the person reasonably believes that to obey the signal immediately would have endangered the person or someone else, or the vehicle; and the person obeys the signal as soon as it is practicable to obey it.
- (a) the vehicle is being, or has been, used in the commission of an offence against 1 of the following provisions— • section 36 • section 37 • section 38 • section 55 • section 91 (3) ; or
- • section 36
- • section 37
- • section 38
- • section 55
- • section 91 (3) ; or
- (b) the vehicle, or a thing in or on the vehicle, may provide evidence of the commission of an offence against a provision mentioned in paragraph (a) .
- • section 36
- • section 37
- • section 38
- • section 55
- • section 91 (3) ; or
- (a) act with necessary and reasonable help and force; and
- (b) require the person in control of the vehicle to give reasonable help to the officer.
- (a) the person reasonably believes that to obey the signal immediately would have endangered the person or someone else, or the vehicle; and
- (b) the person obeys the signal as soon as it is practicable to obey it.