Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 41

41 Power of authorised persons to enter place for prevention and control program

(1) For undertaking a prevention and control program, an authorised person may enter a place in the area to which the program relates at any reasonable time of the day or night, to search for—

(a) the designated pests to which the program relates; and

(b) an animal, structure, substance or other thing that—

(i) is, or is likely to become, a breeding ground or source of food for designated pests; or

(ii) harbours, or is likely to become something that harbours, designated pests.

(2) An authorised person may not enter a dwelling under subsection (1) without the occupier’s consent.

(3) For subsection (2) , the following do not form part of a dwelling—

(a) a carport, other than a carport to which access is restricted;

(b) the area of a verandah or deck to which access is not restricted and no provision is made to restrict access;

(c) the area underneath the dwelling to which access is not restricted and no provision is made to restrict access;

(d) any other external part of the dwelling, including, for example, the dwelling’s gutters;

(e) land around the dwelling.