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Discussion in 'Other/General Law Forum' started by HOS, 10 March 2015.
Hi there, I have a question:
is the inside of my motor vehicle (
car) a private or a public area?
There are many grounds in Queensland upon which
the police can search your car without a warrant.
Have a read of this:
When can the police search without a warrant? the police stop and search my vehicle without a warrant?
Thanks Tim, I understand that the police have powers to search and enter a private place and they have a myriad of "justifiable" reasons they can state to gain entry to any private place. I was trying to establish in the eyes of the law if the inside of my car is deemed to be a private place.
I don't think it can be deemed to be a "public place" as members of the general public don't have access.
It's not a "place" in the way that,say, your house is.
So I suggest that a vehicle isn't capable of being "private" or "public"
in the way you mean.
But that doesn't actually matter - because the Queensland police
have express powers to search vehicles.
That said, in some acts, a vehicle can be included in the definition
of what a "place" is (eg section 8 of the Work Health and Safety Act 2011 (Qld)).
What is the background to your question?
Thanks for explaining the muddy waters of QLD law Tim.
I was wondering if it was legal for a passenger in my car to consume alcohol?
It can depend on where the car is parked.
For example, if it's parked in a place where consuming alcohol is prohibited*,
then a person would be consuming alcohol in that place.**.
That they are in sitting in a car, as opposed to, say,
sitting in the open at a picnic table, would not be a factor.
In Queensland, there is also a Liquor Act offence for consuming alcohol in the car park of licensed premises***
* often, but not always, under Council by-laws, but also under Part 6A of the Liquor Act 1992 (Qld);
** which might be, say, a park, a car park of an oval, or at a beachfront,
but probably not private land;
*** which is lawyer-speak for the car park of a pub or a bottle shop or similar (and yes,
that can include the car park of a shopping centre where a bottlo is one of several shops);
And, just to be clear...
In terms of passengers having open alcohol in a moving vehicle in Queensland - I dunno.
Maybe @Brisbane.Lawyer or @Hugh will have some insight.