sec.40Power to seize evidence

### sec.40 Power to seize evidence An authorised officer who enters a place under this part with the occupier’s consent, or who, as a person who is also an authorised officer under the Heavy Vehicle National Law (Queensland) , enters a place under that Law with the occupier’s consent, may seize a thing in the place if— the officer reasonably believes the thing is evidence of an offence against a transport Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent. An authorised officer who enters a place under this part with a warrant may seize the evidence for which the warrant was issued. In addition to any seizure provided for in subsections (1) and (2) , an authorised officer who enters a place under section 26 (1) of this Act, or who, as an authorised officer under the Heavy Vehicle National Law (Queensland) , enters a place under that Law, may seize anything at the place if the authorised officer reasonably believes— the thing is evidence of an offence against a transport Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence. An authorised officer who enters a vehicle under this part, or who, as a person who is also an authorised officer under the Heavy Vehicle National Law (Queensland) , enters a vehicle under that Law, may seize anything in the vehicle if the officer reasonably believes the thing is evidence of an offence against a transport Act. Subject to subsection (2) , nothing in this section authorises an authorised officer to seize a digital device if— the officer reasonably believes a person has committed an offence under section 53 (2) or 126 (1) ; and in committing the offence a person used the device to store or display the following things, or an image or other design purporting to be the thing— a digital authority; a digital evidence of age; a digital evidence of identity. s 40 amd 2013 No. 26 s 65 ; 2020 No. 21 s 48 (sec.40-ssec.1) An authorised officer who enters a place under this part with the occupier’s consent, or who, as a person who is also an authorised officer under the Heavy Vehicle National Law (Queensland) , enters a place under that Law with the occupier’s consent, may seize a thing in the place if— the officer reasonably believes the thing is evidence of an offence against a transport Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent. (sec.40-ssec.2) An authorised officer who enters a place under this part with a warrant may seize the evidence for which the warrant was issued. (sec.40-ssec.3) In addition to any seizure provided for in subsections (1) and (2) , an authorised officer who enters a place under section 26 (1) of this Act, or who, as an authorised officer under the Heavy Vehicle National Law (Queensland) , enters a place under that Law, may seize anything at the place if the authorised officer reasonably believes— the thing is evidence of an offence against a transport Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence. (sec.40-ssec.4) An authorised officer who enters a vehicle under this part, or who, as a person who is also an authorised officer under the Heavy Vehicle National Law (Queensland) , enters a vehicle under that Law, may seize anything in the vehicle if the officer reasonably believes the thing is evidence of an offence against a transport Act. (sec.40-ssec.5) Subject to subsection (2) , nothing in this section authorises an authorised officer to seize a digital device if— the officer reasonably believes a person has committed an offence under section 53 (2) or 126 (1) ; and in committing the offence a person used the device to store or display the following things, or an image or other design purporting to be the thing— a digital authority; a digital evidence of age; a digital evidence of identity. - (a) the officer reasonably believes the thing is evidence of an offence against a transport Act; and - (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent. - (a) the thing is evidence of an offence against a transport Act; and - (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence. - (a) the officer reasonably believes a person has committed an offence under section 53 (2) or 126 (1) ; and - (b) in committing the offence a person used the device to store or display the following things, or an image or other design purporting to be the thing— (i) a digital authority; (ii) a digital evidence of age; (iii) a digital evidence of identity. - (i) a digital authority; - (ii) a digital evidence of age; - (iii) a digital evidence of identity. - (i) a digital authority; - (ii) a digital evidence of age; - (iii) a digital evidence of identity.