Queensland Consolidated Acts

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PUBLIC HEALTH ACT 2005 - SECT 393

Entry of place under s 388

393 Entry of place under s 388

(1) This section applies to an authorised person intending to enter a place under section 388 .
(2) The issuing authority must give the occupier and owner of the place reasonable notice that the issuing authority, by its employees or agents, intends to enter the place to take the steps required under the public health order.
(3) The notice must state the steps that are to be taken by the issuing authority.
(4) The authorised person must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry.
(5) If the occupier refuses consent to enter, the authorised person must not enter the place unless the entry is under an enforcement order or a warrant.
(6) If the authorised person is unable to locate an occupier after making a reasonable attempt to do so, the authorised person may enter the place.
(7) If the authorised person enters the place after being unable to locate an occupier, the authorised person must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry.
(8) In exercising a power under this section, the authorised person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable in the circumstances.



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