Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 30

30 Procedure before entry under enforcement order

(1) This section applies if—

(a) an enforcement order allows—

(i) an issuing authority to enter a place by its employees or its agents to take steps under the order; or

(ii) an authorised person to enter a place to check whether the steps under the order are being, or have been, taken; and

(b) the employees, agents or authorised person intends to enter the place under the order.

(2) Before entering the place, the employee, agent or authorised person must do or make a reasonable attempt to do the following—

(a) identify himself or herself to a person present at the place who is an occupier of the place;

(b) give the person a copy of the order;

(c) tell the person that the employee, agent or authorised person is permitted by the order to enter the place;

(d) give the person an opportunity to allow the employee, agent or authorised person immediate entry to the place without using force.

(3) However, the employee, agent or authorised person need not comply with subsection (2) if the employee, agent or authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the order is not frustrated.