Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 395

395 Issue of warrant

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

(a) there is a particular thing or activity (the
"evidence" ) that may provide evidence of an offence against this Act and the evidence is at the place or, within the next 7 days, will be at the place; or

(b) there is a public health risk at the place.

(2) The warrant must state—

(a) the place to which the warrant applies; and

(b) that a stated authorised person may, with necessary and reasonable help and force—

(i) enter the place and any other place necessary for entry to the place; and

(ii) exercise the authorised person’s powers under this chapter; and

(c) particulars of the offence or public health risk that the magistrate considers appropriate in the circumstances; and

(d) the name of the person suspected of having committed the offence or who caused the public health risk or allowed the public health risk to continue, unless the name is unknown or the magistrate considers it inappropriate to state the name; and

(e) if subsection (1) (a) applies, the evidence that may be seized under the warrant; and

(f) whether the authorised person may exercise powers under part 2 , division 6 ; and

(g) if the authorised person may exercise powers under part 2 , division 6 , the person, if any, who is to pay the costs incurred by the authorised person in exercising the powers; and

(h) the hours of the day or night when the place may be entered; and

(i) the magistrate’s name; and

(j) the date and time of the warrant’s issue; and

(k) except for a warrant allowing for re-entry of a place as mentioned in subsection (3) , the date, within 14 days after the warrant’s issue, the warrant ends.

(3) If the warrant relates to a public health risk, the warrant may also state that an authorised person may enter the place again to check compliance with a public health order issued as a result of the authorised person’s entry of the place under the warrant.

(4) To the extent that the warrant allows for the re-entry of a place as mentioned in subsection (3) , it expires on—

(a) the day that is 7 days after the expiration of the period stated in the public health order for completing the steps stated in the order; or

(b) if an earlier day is stipulated in the warrant, that day.