Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 19

19 General power to enter to make inquiries, investigations or serve documents

(1) The purpose of this section is to ensure a police officer performing a function of the police service may enter and stay on a place in circumstances that may otherwise be trespass.

(2) However, this section does not authorise entry to a private place if a provision of this Act or another Act provides for entry in the particular circumstances only under a search warrant or other stated authority.

Note—

See, for example, the Disaster Management Act 2003 , section 111 .

(3) A police officer may enter a place and stay for a reasonable time on the place to inquire into or investigate a matter.

Examples for subsection (3)—

1 The entry may be to a public area of a place such as a hotel or a nightclub for finding out if an offence is being or has been committed on the place.

2 The entry may be for finding out if a person reasonably suspected of being involved in the commission of an offence is at a place.

3 The entry may be for finding out if a missing person is in the place.

(4) Also, a police officer may enter and stay for a reasonable time on a place to serve a document.

(5) However, if the place contains a dwelling, the only part of the place a police officer may enter without the consent of the occupier is the part of the place that is not a dwelling.

(6) Also, the police officer may only use minimal force to enter the place.

Example for subsection (6)—

turning a door handle to open an unlocked door and opening the door