Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 427

427 Approved inspection program

(1) The chief executive or a chief executive officer may approve a program (an
"approved inspection program" ) under which authorised persons may enter places to monitor compliance with a regulation made under section 61 .

(2) The chief executive may approve a program only if—

(a) the regulation under section 61 is to be administered and enforced by the State only; or

(b) the regulation under section 61 is to be administered and enforced by local governments only and the chief executive—

(i) has agreed to do the thing in the administration or enforcement of this Act under section 14 ; or

(ii) is acting under section 15 in relation to the regulation.

(3) A chief executive officer of a local government may approve a program for the local government’s area only if—

(a) the regulation under section 61 is to be administered and enforced by local governments only; or

(b) if the regulation under section 61 is to be administered and enforced by the State only, the local government has agreed to do a thing in the administration or enforcement of this Act under section 14 .

(4) An approved inspection program must be a selective inspection program or systematic inspection program.

(5) A selective inspection program provides for the selection, in accordance with the chief executive’s or chief executive officer’s approval, of places in an area to be entered and inspected under the approval.

(6) A systematic inspection program provides for all places, or all places of a particular type, in an area, to be entered and inspected under the approval.

(7) An approved inspection program must state the following—

(a) the purpose of the program;

(b) when the program starts;

(c) for a selective inspection program, objective criteria for selecting places to be entered and inspected;

(d) for a systematic inspection program, if a type of place is to be entered and inspected, a description of the type;

(e) the period of not more than 3 months, or another period of not more than 6 months prescribed under a regulation, over which the program is to be carried out.

(8) The only entry that may be made under an approved inspection program is by an authorised person under section 389 .