QLDIn ForceAct
Transport Operations (Passenger Transport) Act 1994
sec.126HAFurther powers if vehicle entered is rail vehicle
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### sec.126HA Further powers if vehicle entered is rail vehicle
This section applies if an authorised person has—
entered a place under section 120 for purposes relating to the transport of dangerous goods by rail; or
entered or boarded a vehicle under section 123 , the vehicle is a rail vehicle and the entry or boarding was for purposes relating to the transport of dangerous goods by rail.
Without limiting section 124 , the authorised person may do any of the following—
weigh, test or measure a thing relating to a rail vehicle, any part of a rail vehicle or equipment or load of a rail vehicle;
check the existence or details of a placard or other information required under a dangerous goods regulation to be displayed in a rail vehicle or any load on it;
access or download information that is required to be kept under a dangerous goods regulation and that is—
stored electronically in equipment located at the place or in a rail vehicle; or
accessible electronically from equipment located at the place or in a rail vehicle.
If an authorised person exercises a power mentioned in subsection (2) , the authorised person is taken to be exercising a power under section 124 (1) (a) to (e) and the other provisions of section 124 apply to the exercise of that power.
Under section 124 (1) (f) , an authorised person may require a person to help exercise powers as mentioned in subsection (2) and if the person does not comply with the request the person may be prosecuted under section 124 (2) .
Under section 124 (7) , an authorised person may not enter a part of a rail vehicle used only as a living area.
s 126HA ins 2008 No. 67 s 27
(sec.126HA-ssec.1) This section applies if an authorised person has— entered a place under section 120 for purposes relating to the transport of dangerous goods by rail; or entered or boarded a vehicle under section 123 , the vehicle is a rail vehicle and the entry or boarding was for purposes relating to the transport of dangerous goods by rail.
(sec.126HA-ssec.2) Without limiting section 124 , the authorised person may do any of the following— weigh, test or measure a thing relating to a rail vehicle, any part of a rail vehicle or equipment or load of a rail vehicle; check the existence or details of a placard or other information required under a dangerous goods regulation to be displayed in a rail vehicle or any load on it; access or download information that is required to be kept under a dangerous goods regulation and that is— stored electronically in equipment located at the place or in a rail vehicle; or accessible electronically from equipment located at the place or in a rail vehicle.
(sec.126HA-ssec.3) If an authorised person exercises a power mentioned in subsection (2) , the authorised person is taken to be exercising a power under section 124 (1) (a) to (e) and the other provisions of section 124 apply to the exercise of that power. Under section 124 (1) (f) , an authorised person may require a person to help exercise powers as mentioned in subsection (2) and if the person does not comply with the request the person may be prosecuted under section 124 (2) . Under section 124 (7) , an authorised person may not enter a part of a rail vehicle used only as a living area.
- (a) entered a place under section 120 for purposes relating to the transport of dangerous goods by rail; or
- (b) entered or boarded a vehicle under section 123 , the vehicle is a rail vehicle and the entry or boarding was for purposes relating to the transport of dangerous goods by rail.
- (a) weigh, test or measure a thing relating to a rail vehicle, any part of a rail vehicle or equipment or load of a rail vehicle;
- (b) check the existence or details of a placard or other information required under a dangerous goods regulation to be displayed in a rail vehicle or any load on it;
- (c) access or download information that is required to be kept under a dangerous goods regulation and that is— (i) stored electronically in equipment located at the place or in a rail vehicle; or (ii) accessible electronically from equipment located at the place or in a rail vehicle.
- (i) stored electronically in equipment located at the place or in a rail vehicle; or
- (ii) accessible electronically from equipment located at the place or in a rail vehicle.
- (i) stored electronically in equipment located at the place or in a rail vehicle; or
- (ii) accessible electronically from equipment located at the place or in a rail vehicle.
- 1 Under section 124 (1) (f) , an authorised person may require a person to help exercise powers as mentioned in subsection (2) and if the person does not comply with the request the person may be prosecuted under section 124 (2) .
- 2 Under section 124 (7) , an authorised person may not enter a part of a rail vehicle used only as a living area.