QLDIn ForceAct
Wet Tropics World Heritage Protection and Management Act 1993
sec.67Power to stop and search vehicles etc.
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### sec.67 Power to stop and search vehicles etc.
In this section—
person in control of a vehicle includes—
the driver of the vehicle; and
the person in command of the vehicle; and
the person who appears to be in control or command of the vehicle.
vehicle includes a boat or an aircraft.
This section applies if an authorised officer suspects on reasonable grounds that—
a vehicle is being, or has been, used in the commission of an offence against this Act; or
a vehicle, or anything on or in a vehicle, may afford evidence of the commission of an offence against this Act.
The authorised officer may, with such assistance and by such force as is necessary and reasonable—
enter or board the vehicle; and
exercise the powers set out in section 70 .
If—
the vehicle (not being an aircraft) is moving or about to move; or
the vehicle (being an aircraft) is moving, or about to move, on the ground;
the authorised officer may signal the person in control of the vehicle—
to stop the vehicle; or
not to move the vehicle.
A person must not, without reasonable excuse, disobey a signal under subsection (4) to stop or not to move a vehicle.
Maximum penalty—165 penalty units or 1 year’s imprisonment.
It is a reasonable excuse for the person to fail to stop or not to move the vehicle if—
to obey immediately the signal would have endangered the person or another person; and
the person obeys the signal as soon as it is practicable to do so.
The authorised officer may require the person in control of the vehicle—
to give such reasonable assistance as the officer requires to enable the vehicle to be entered or boarded under subsection (3) ; or
to do both of the following—
bring the vehicle to a specified place;
remain in control of the vehicle at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle.
A person must not, without reasonable excuse, contravene a requirement under subsection (7) .
Maximum penalty—165 penalty units or 1 year’s imprisonment.
If, while searching the vehicle the authorised officer finds a thing that the officer believes, on reasonable grounds, will afford evidence of the commission of an offence against this Act, section 69 (2) applies to the thing.
If, after searching the vehicle the authorised officer believes on reasonable grounds that the vehicle will afford evidence of the commission of an offence against this Act, section 69 (2) (a) and (b) apply to the vehicle.
(sec.67-ssec.1) In this section— person in control of a vehicle includes— the driver of the vehicle; and the person in command of the vehicle; and the person who appears to be in control or command of the vehicle. vehicle includes a boat or an aircraft.
(sec.67-ssec.2) This section applies if an authorised officer suspects on reasonable grounds that— a vehicle is being, or has been, used in the commission of an offence against this Act; or a vehicle, or anything on or in a vehicle, may afford evidence of the commission of an offence against this Act.
(sec.67-ssec.3) The authorised officer may, with such assistance and by such force as is necessary and reasonable— enter or board the vehicle; and exercise the powers set out in section 70 .
(sec.67-ssec.4) If— the vehicle (not being an aircraft) is moving or about to move; or the vehicle (being an aircraft) is moving, or about to move, on the ground; the authorised officer may signal the person in control of the vehicle— to stop the vehicle; or not to move the vehicle.
(sec.67-ssec.5) A person must not, without reasonable excuse, disobey a signal under subsection (4) to stop or not to move a vehicle. Maximum penalty—165 penalty units or 1 year’s imprisonment.
(sec.67-ssec.6) It is a reasonable excuse for the person to fail to stop or not to move the vehicle if— to obey immediately the signal would have endangered the person or another person; and the person obeys the signal as soon as it is practicable to do so.
(sec.67-ssec.7) The authorised officer may require the person in control of the vehicle— to give such reasonable assistance as the officer requires to enable the vehicle to be entered or boarded under subsection (3) ; or to do both of the following— bring the vehicle to a specified place; remain in control of the vehicle at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle.
(sec.67-ssec.8) A person must not, without reasonable excuse, contravene a requirement under subsection (7) . Maximum penalty—165 penalty units or 1 year’s imprisonment.
(sec.67-ssec.9) If, while searching the vehicle the authorised officer finds a thing that the officer believes, on reasonable grounds, will afford evidence of the commission of an offence against this Act, section 69 (2) applies to the thing.
(sec.67-ssec.10) If, after searching the vehicle the authorised officer believes on reasonable grounds that the vehicle will afford evidence of the commission of an offence against this Act, section 69 (2) (a) and (b) apply to the vehicle.
- (a) the driver of the vehicle; and
- (b) the person in command of the vehicle; and
- (c) the person who appears to be in control or command of the vehicle.
- (a) a vehicle is being, or has been, used in the commission of an offence against this Act; or
- (b) a vehicle, or anything on or in a vehicle, may afford evidence of the commission of an offence against this Act.
- (a) enter or board the vehicle; and
- (b) exercise the powers set out in section 70 .
- (a) the vehicle (not being an aircraft) is moving or about to move; or
- (b) the vehicle (being an aircraft) is moving, or about to move, on the ground;
- (c) to stop the vehicle; or
- (d) not to move the vehicle.
- (a) to obey immediately the signal would have endangered the person or another person; and
- (b) the person obeys the signal as soon as it is practicable to do so.
- (a) to give such reasonable assistance as the officer requires to enable the vehicle to be entered or boarded under subsection (3) ; or
- (b) to do both of the following— (i) bring the vehicle to a specified place; (ii) remain in control of the vehicle at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle.
- (i) bring the vehicle to a specified place;
- (ii) remain in control of the vehicle at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle.
- (i) bring the vehicle to a specified place;
- (ii) remain in control of the vehicle at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle.