QLDIn ForceAct
Transport Operations (Passenger Transport) Act 1994
sec.126KAUse of equipment to examine or process things
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### sec.126KA Use of equipment to examine or process things
An authorised person exercising a power under this part or part 3B or 3C may bring onto a rail vehicle or onto premises equipment reasonably necessary for the examination or processing of things found in, on or at the rail vehicle or premises to decide whether they are things that may be seized.
If—
it is not practicable to examine or process the things in, on or at the rail vehicle or premises; or
the railway operator for the rail vehicle or the occupier of the premises consents in writing;
the things may be moved to another place so that the examination or processing can be carried out to decide whether they are things that may be seized.
The authorised person, or a person helping the authorised person, may operate equipment already in, on or at the rail vehicle or premises to carry out the examination or processing of a thing found in, on or at the vehicle or premises to decide whether it is a thing that may be seized, if the authorised person, or a person helping the authorised person, reasonably believes that—
the equipment is suitable for the examination or the processing; and
the examination or processing can be carried out without damage to the equipment or the thing.
s 126KA ins 2008 No. 67 s 30
(sec.126KA-ssec.1) An authorised person exercising a power under this part or part 3B or 3C may bring onto a rail vehicle or onto premises equipment reasonably necessary for the examination or processing of things found in, on or at the rail vehicle or premises to decide whether they are things that may be seized.
(sec.126KA-ssec.2) If— it is not practicable to examine or process the things in, on or at the rail vehicle or premises; or the railway operator for the rail vehicle or the occupier of the premises consents in writing; the things may be moved to another place so that the examination or processing can be carried out to decide whether they are things that may be seized.
(sec.126KA-ssec.3) The authorised person, or a person helping the authorised person, may operate equipment already in, on or at the rail vehicle or premises to carry out the examination or processing of a thing found in, on or at the vehicle or premises to decide whether it is a thing that may be seized, if the authorised person, or a person helping the authorised person, reasonably believes that— the equipment is suitable for the examination or the processing; and the examination or processing can be carried out without damage to the equipment or the thing.
- (a) it is not practicable to examine or process the things in, on or at the rail vehicle or premises; or
- (b) the railway operator for the rail vehicle or the occupier of the premises consents in writing;
- (a) the equipment is suitable for the examination or the processing; and
- (b) the examination or processing can be carried out without damage to the equipment or the thing.