QLDIn ForceAct
Local Government Act 2009
sec.125What this division is about
Start here
Get a plain-English read of sec.125
Turn the raw legal text into a practical explanation grounded in Local Government Act 2009.
### sec.125 What this division is about
This division is about the powers that may be used by an authorised person.
An authorised person is a person who is appointed under this Act to ensure that members of the public comply with the Local Government Acts.
See chapter 6 , part 6 for more information about the appointment of authorised persons.
The powers of an authorised person include the power, in certain circumstances—
to ask a person for their name and address; and
to enter a property, including private property.
Private property is a property that is not a public place.
A public place is a place, or that part of a place, that—
is open to the public; or
is used by the public; or
the public is entitled to use;
whether or not on payment of money.
A person uses a room at the front of their home as a business office. While the business office is open to the public it is a public place. However, the home is private property and not part of the public place.
An occupier of a property includes a person who reasonably appears to be the occupier of, or in charge of, the property.
Force must not be used to enter a property under this division, other than when the property is entered under a warrant that authorises that use of force.
(sec.125-ssec.1) This division is about the powers that may be used by an authorised person.
(sec.125-ssec.2) An authorised person is a person who is appointed under this Act to ensure that members of the public comply with the Local Government Acts. See chapter 6 , part 6 for more information about the appointment of authorised persons.
(sec.125-ssec.3) The powers of an authorised person include the power, in certain circumstances— to ask a person for their name and address; and to enter a property, including private property.
(sec.125-ssec.4) Private property is a property that is not a public place.
(sec.125-ssec.5) A public place is a place, or that part of a place, that— is open to the public; or is used by the public; or the public is entitled to use; whether or not on payment of money. A person uses a room at the front of their home as a business office. While the business office is open to the public it is a public place. However, the home is private property and not part of the public place.
(sec.125-ssec.6) An occupier of a property includes a person who reasonably appears to be the occupier of, or in charge of, the property.
(sec.125-ssec.7) Force must not be used to enter a property under this division, other than when the property is entered under a warrant that authorises that use of force.
- (a) to ask a person for their name and address; and
- (b) to enter a property, including private property.
- (a) is open to the public; or
- (b) is used by the public; or
- (c) the public is entitled to use;