Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 125

125 What this division is about

(1) This division is about the powers that may be used by an authorised person.

(2) An
"authorised person" is a person who is appointed under this Act to ensure that members of the public comply with the Local Government Acts.

Note—

See chapter 6 , part 6 for more information about the appointment of authorised persons.

(3) The powers of an authorised person include the power, in certain circumstances—

(a) to ask a person for their name and address; and

(b) to enter a property, including private property.

(4)
"Private property" is a property that is not a public place.

(5) A
"public place" is a place, or that part of a place, that—

(a) is open to the public; or

(b) is used by the public; or

(c) the public is entitled to use;

whether or not on payment of money.

Example—

A person uses a room at the front of their home as a business office. While the business office is open to the public it is a public place. However, the home is private property and not part of the public place.

(6) An
"occupier" of a property includes a person who reasonably appears to be the occupier of, or in charge of, the property.

(7) Force must not be used to enter a property under this division, other than when the property is entered under a warrant that authorises that use of force.