Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 130

130 Entering private property with, and in accordance with, a warrant

(1) An authorised person may enter private property with, and in accordance with, a warrant.

(2) An authorised person must apply to a magistrate for a warrant.

(3) The application for the warrant must—

(a) be in the form approved by the department’s chief executive; and

(b) be sworn; and

(c) state the grounds on which the warrant is sought.

(4) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information that the magistrate requires about the application, in the way that the magistrate requires.

Example—

The magistrate may require additional information in support of the application to be given by statutory declaration.

(5) The magistrate may issue the warrant only if the magistrate is satisfied that there are reasonable grounds for suspecting—

(a) there is a particular thing or activity that may provide evidence of an offence against a Local Government Act (the
"evidence" ); and

(b) the evidence is at the place, or may be at the place within the next 7 days.

(6) The warrant must state—

(a) the evidence for which the warrant is issued; and

(b) that the authorised person may, with necessary and reasonable help and force, enter the property and exercise an authorised person’s powers under this Act; and

(c) the hours of the day or night when the property may be entered; and

(d) the day (within 14 days after the warrant’s issue) when the warrant ends.

(7) The magistrate must keep a record of the reasons for issuing the warrant.

(8) A warrant is not invalidated by a defect in the warrant, or in compliance with section 131 , unless the defect affects the substance of the warrant in a material particular.

(9) As soon as an authorised person enters private property under a warrant, the authorised person must do, or make a reasonable attempt to do, the following things—

(a) inform any occupier of the property—

(i) of the reason for entering the property; and

(ii) that the warrant authorises the authorised person to enter the property without the permission of the occupier;

(b) give any occupier a reasonable opportunity to allow the authorised person to immediately enter the property without using force.

(10) However, the authorised person does not need to comply with subsection (9) if the authorised person believes that immediate entry to the property is required to ensure the warrant is effectively executed.