QLDIn ForceAct
Local Government Act 2009
sec.135General powers after entering a property
Start here
Get a plain-English read of sec.135
Turn the raw legal text into a practical explanation grounded in Local Government Act 2009.
### sec.135 General powers after entering a property
This section explains the powers that an authorised person has after entering a property, other than entering a property—
to ask the occupier of the property for permission to stay on the property; or
under section 132 , 133 or 134A .
The authorised person may—
search any part of the property; or
inspect, test, photograph or film anything that is in or on the property; or
copy a document that is in or on the property; or
take samples of or from anything that is in or on the property; or
take into or onto the property any persons, equipment and materials that the authorised person reasonably requires for exercising the authorised person’s powers; or
require the occupier of the property, or a person in or on the property, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) .
An authorised person may exercise a power under subsection (2) only if exercising the power is necessary for the purpose related to the entry of the property.
If a person is required to give reasonable help under subsection (2) (f) , the person must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty—8 penalty units.
If the requirement is to be complied with by the person giving information or producing a document, it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might incriminate the person.
s 135 amd 2010 No. 23 s 301 ; 2010 No. 35 s 41
(sec.135-ssec.1) This section explains the powers that an authorised person has after entering a property, other than entering a property— to ask the occupier of the property for permission to stay on the property; or under section 132 , 133 or 134A .
(sec.135-ssec.2) The authorised person may— search any part of the property; or inspect, test, photograph or film anything that is in or on the property; or copy a document that is in or on the property; or take samples of or from anything that is in or on the property; or take into or onto the property any persons, equipment and materials that the authorised person reasonably requires for exercising the authorised person’s powers; or require the occupier of the property, or a person in or on the property, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) .
(sec.135-ssec.3) An authorised person may exercise a power under subsection (2) only if exercising the power is necessary for the purpose related to the entry of the property.
(sec.135-ssec.4) If a person is required to give reasonable help under subsection (2) (f) , the person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—8 penalty units.
(sec.135-ssec.5) If the requirement is to be complied with by the person giving information or producing a document, it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might incriminate the person.
- (a) to ask the occupier of the property for permission to stay on the property; or
- (b) under section 132 , 133 or 134A .
- (a) search any part of the property; or
- (b) inspect, test, photograph or film anything that is in or on the property; or
- (c) copy a document that is in or on the property; or
- (d) take samples of or from anything that is in or on the property; or
- (e) take into or onto the property any persons, equipment and materials that the authorised person reasonably requires for exercising the authorised person’s powers; or
- (f) require the occupier of the property, or a person in or on the property, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) .