Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010 - SECT 127

127 What this division is about

(1) This division is about the powers that may be used—

(a) to enable the council to perform its responsibilities; or

(b) to ensure a person complies with this Act, and the other local government related laws, including by complying with a remedial notice.

(2) This division explains the circumstances in which a person is authorised to enter a property under this division, namely—

(a) in a potentially dangerous situation, to take urgent action; or

(b) to take action in relation to council facilities on the property (including water or sewerage pipes, for example); or

(c) with (and in accordance with) the permission of the occupier of the property; or

(d) with (and in accordance with) a court order; or

(e) with (and in accordance with) a reasonable entry notice.

(3) The following persons may enter a property under this division—

(a) if the occupier of the property is not the owner of the property—the owner or the owner’s employee;

(b) a council worker.

(4) A
"council worker" is an employee, or agent, of the council who is authorised by the council to act under this division.

Note—

Not every employee or agent of the council would ordinarily be authorised to act under this division.

(5) However, the council may authorise an employee or agent to act under this division only if the employee or agent is appropriately qualified or trained to exercise a power or perform a responsibility under this division.

(6) Force must not be used to enter a property under this division, unless the property is entered under a court order that specifically authorises the use of that force.