Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 144

144 Power to stop and search vehicles etc.

(1) This section applies if a conservation officer suspects on reasonable grounds that—

(a) a vehicle, boat or aircraft is being, or has been, used in the commission of an offence against this Act; or

(b) a vehicle, boat or aircraft, or anything on or in, a vehicle, boat or aircraft may afford evidence of the commission of an offence against this Act.

(2) The conservation officer may, with such assistance and by such force as is necessary and reasonable—

(a) enter or board the vehicle, boat or aircraft; and

(b) exercise the powers set out in section 147 .

(3) If—

(a) the vehicle or boat is moving or about to move; or

(b) the aircraft is moving, or about to move, on the ground;

the conservation officer may signal the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft, to stop or not to move the vehicle, boat or aircraft.

(4) A person must not, without reasonable excuse, disobey a signal under subsection (3) .

Penalty—

Maximum penalty—165 penalty units or 1 year’s imprisonment.

(5) It is a reasonable excuse for the person to fail to stop or to move the vehicle, boat or aircraft if—

(a) to immediately obey the signal would have endangered the person or another person; and

(b) the person obeys the signal as soon as it is practicable to obey the signal.

(6) The conservation officer may require the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft—

(a) to provide such reasonable assistance as the officer requires to enable the vehicle, boat or aircraft to be entered or boarded under subsection (2) ; or

(b) to bring the vehicle, boat or aircraft to a specified place and remain in control of the vehicle, boat or aircraft at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle, boat or aircraft.

(7) A person must not, without reasonable excuse, contravene a requirement under subsection (6) .

Penalty—

Maximum penalty—165 penalty units or 1 year’s imprisonment.

(8) If, while searching the vehicle, boat or aircraft, the conservation officer finds a thing that the officer believes, on reasonable grounds, will afford evidence of the commission of an offence against this Act, section 146 (2) (a) to (c) apply to the thing.

(9) If, after searching the vehicle, boat or aircraft, the conservation officer believes on reasonable grounds that the vehicle, boat or aircraft will afford evidence of the commission of an offence against this Act, section 146 (2) (a) and (b) apply to the vehicle, boat or aircraft.