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QLD Inside of Car - Private or Public Place?

Discussion in 'Other/General Law Forum' started by HOS, 10 March 2015.

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  1. HOS

    HOS Well-Known Member

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    Hi there, I have a question:
    is the inside of my motor vehicle (car) a private or a public area?
     
  2. Tim W

    Tim W Lawyer
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  3. HOS

    HOS Well-Known Member

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    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.

    Thanks again.
     
  4. Tim W

    Tim W Lawyer
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    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?
     
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  5. HOS

    HOS Well-Known Member

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    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?
     
  6. Tim W

    Tim W Lawyer
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    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);
     
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  7. Tim W

    Tim W Lawyer
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    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.
     
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  8. HOS

    HOS Well-Known Member

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    Incredible !
     
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