Queensland Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (QUEENSLAND) - SECT 497

497 General power to enter places

(1) An authorised officer may, for investigation purposes, enter a place if—

(a) an occupier of the place consents under Division 4 to the entry and section 503 has been complied with for the occupier; or

(b) it is a public place and the entry is made when it is open to the public; or

(c) the entry is authorised under a warrant and, if there is an occupier at the place, section 510 has been complied with for the occupier; or

(d) it is a relevant place other than a residence and is—

(i) open for carrying on a business; or

(ii) otherwise open for entry; or

(iii) required to be open for inspection under this Law; or

(e) the entry is authorised under section 498 or 499 .

(2) The authorised officer may exercise powers under this section at the place even if entry to the place was originally effected under Division 2 for monitoring purposes.

(3) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.

(4) If the power to enter is under a warrant—

(a) the authorised officer may use force that is reasonably necessary for gaining entry to the place; and

(b) the power to enter is subject to the terms of the warrant.

(5) Subsection (1) (d) does not authorise an authorised officer, without the occupier’s consent or a warrant, to enter—

(a) a place that is unattended, unless the officer reasonably believes the place is attended; or

(b) a place, or part of a place, used predominantly for residential purposes.

(6) If an authorised officer enters a place reasonably believing the place is attended, the officer must leave the place immediately after finding the place is or appears to be unattended.

(7) An authorised officer may open unlocked doors and other unlocked panels and things at a place for gaining entry to the place under subsection (1) .

(8) This section does not authorise an authorised officer to use force for exercising a power under this section unless the power is exercised under a warrant.