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

### sec.35 Power to enter vehicles etc. other than for vehicle inspection This section applies to an authorised officer who reasonably believes— a vehicle in any of the following places is used, or is being used, to transport dangerous goods— a place the officer has entered under section 26 ; a place the officer has, as an authorised officer under the Heavy Vehicle National Law (Queensland) , entered under that Law; a place the officer has entered under the Tow Truck Act 2023 , section 85 ; or a heavy vehicle or a prescribed vehicle is being, or has just been, used to transport dangerous goods; or a vehicle is being, or has just been, used to commit an offence against a transport Act; or 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. The officer may, for enforcing a transport Act— enter the vehicle, using necessary and reasonable help and force; or 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). search any part of the vehicle; or inspect, measure, weigh, test, photograph or film the vehicle or anything in the vehicle; or take samples of the vehicle or anything in the vehicle; or copy, or take an extract from, a document in the vehicle; or download information contained on a disk, tape or other device in the vehicle move the vehicle’s load; or take the persons, equipment and materials the officer reasonably requires into the vehicle. Subsections (2B) and (2C) apply if— the vehicle is a heavy vehicle or a prescribed dangerous goods vehicle; and 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. The authorised officer— 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 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) . Despite subsection (2) (a) , an authorised officer who is not a police officer must not use force to enter the vehicle. An authorised officer may not exercise the powers under subsection (2) in relation to the following things found in a vehicle— a personal possession; 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 ; 2023 No. 28 s 199 (sec.35-ssec.1) This section applies to an authorised officer who reasonably believes— a vehicle in any of the following places is used, or is being used, to transport dangerous goods— a place the officer has entered under section 26 ; a place the officer has, as an authorised officer under the Heavy Vehicle National Law (Queensland) , entered under that Law; a place the officer has entered under the Tow Truck Act 2023 , section 85 ; or a heavy vehicle or a prescribed vehicle is being, or has just been, used to transport dangerous goods; or a vehicle is being, or has just been, used to commit an offence against a transport Act; or 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. (sec.35-ssec.2) The officer may, for enforcing a transport Act— enter the vehicle, using necessary and reasonable help and force; or 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). search any part of the vehicle; or inspect, measure, weigh, test, photograph or film the vehicle or anything in the vehicle; or take samples of the vehicle or anything in the vehicle; or copy, or take an extract from, a document in the vehicle; or download information contained on a disk, tape or other device in the vehicle move the vehicle’s load; or take the persons, equipment and materials the officer reasonably requires into the vehicle. (sec.35-ssec.2A) Subsections (2B) and (2C) apply if— the vehicle is a heavy vehicle or a prescribed dangerous goods vehicle; and 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. (sec.35-ssec.2B) The authorised officer— 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 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) . (sec.35-ssec.2C) Despite subsection (2) (a) , an authorised officer who is not a police officer must not use force to enter the vehicle. (sec.35-ssec.3) An authorised officer may not exercise the powers under subsection (2) in relation to the following things found in a vehicle— a personal possession; for a private vehicle—a document that is not issued, or required to be kept, under a transport Act or a corresponding law. - (a) a vehicle in any of the following places is used, or is being used, to transport dangerous goods— (i) a place the officer has entered under section 26 ; (ii) a place the officer has, as an authorised officer under the Heavy Vehicle National Law (Queensland) , entered under that Law; (iii) a place the officer has entered under the Tow Truck Act 2023 , section 85 ; or - (i) a place the officer has entered under section 26 ; - (ii) a place the officer has, as an authorised officer under the Heavy Vehicle National Law (Queensland) , entered under that Law; - (iii) a place the officer has entered under the Tow Truck Act 2023 , section 85 ; 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. - (i) a place the officer has entered under section 26 ; - (ii) a place the officer has, as an authorised officer under the Heavy Vehicle National Law (Queensland) , entered under that Law; - (iii) a place the officer has entered under the Tow Truck Act 2023 , section 85 ; or - (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. - (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. - (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) . - (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.