sec.31Power to stop private vehicles

### sec.31 Power to stop private vehicles An authorised officer, who is not a police officer, may require the person in control of a private vehicle to stop the vehicle— 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 if the officer reasonably believes the vehicle does not comply with a transport Act; or 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 if the officer reasonably believes— 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 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. 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— the officer is also an inspector or an authorised officer under the Explosives Act 1999 ; and the officer reasonably believes the vehicle is carrying explosives within the meaning of the Explosives Act 1999 . 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. 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. 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. A requirement may be made under subsection (1) or (2) in a way prescribed under a regulation. A person must comply with a requirement under subsection (1) or (2) , unless the person has a reasonable excuse. Maximum penalty—60 penalty units. It is a reasonable excuse for a person not to comply with a requirement if— the person reasonably believes that to immediately comply would endanger the person or someone else; and the person complies with the requirement at the first reasonable opportunity. A regulation may impose restrictions on the stopping of private vehicles by authorised officers who are not police officers. 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 ; 2019 No. 7 s 313 s ch 1 pt 3 (sec.31-ssec.1) An authorised officer, who is not a police officer, may require the person in control of a private vehicle to stop the vehicle— 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 if the officer reasonably believes the vehicle does not comply with a transport Act; or 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 if the officer reasonably believes— 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 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. (sec.31-ssec.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— the officer is also an inspector or an authorised officer under the Explosives Act 1999 ; and the officer reasonably believes the vehicle is carrying explosives within the meaning of the Explosives Act 1999 . (sec.31-ssec.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. (sec.31-ssec.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. (sec.31-ssec.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. (sec.31-ssec.3) A requirement may be made under subsection (1) or (2) in a way prescribed under a regulation. (sec.31-ssec.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. It is a reasonable excuse for a person not to comply with a requirement if— the person reasonably believes that to immediately comply would endanger the person or someone else; and the person complies with the requirement at the first reasonable opportunity. (sec.31-ssec.5) A regulation may impose restrictions on the stopping of private vehicles by authorised officers who are not police officers. (sec.31-ssec.6) In this section— day means the period between sunrise and sunset on the same day. - (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. - (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. - (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. - (a) the officer is also an inspector or an authorised officer under the Explosives Act 1999 ; and - (b) the officer reasonably believes the vehicle is carrying explosives within the meaning of the Explosives Act 1999 . - (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.