Queensland Consolidated Acts

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TRANSPORT SECURITY (COUNTER-TERRORISM) ACT 2008 - SECT 39

39 Procedure before entry

(1) This section applies if an authorised officer intends to enter a prescribed vehicle under section 38.

(2) If a person is present at the prescribed vehicle, the authorised officer must, before entering the prescribed vehicle, do or make a reasonable attempt to do the following things—

(a) comply with section 32;
(b) tell the person the purpose of the entry;
(c) ask for the person's consent to the entry;
(d) tell the person the authorised officer is permitted under this Act to enter the prescribed vehicle without consent.

(3) If a person is not present at the prescribed vehicle, the authorised officer must, before entering the prescribed vehicle—

(a) take reasonable steps to find the owner of the prescribed vehicle; and
(b) comply with subsection (2)(a) to (d) for the owner.

(4) Subsection (3) does not require the authorised officer to take a step the authorised officer believes may frustrate or otherwise hinder the purpose of the intended entry.

(5) In this section—

owner, of a prescribed vehicle, includes a person who appears to be in control of the prescribed vehicle.



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