QLDIn ForceAct
Marine Parks Act 2004
sec.65Warrants—procedure before entry
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### sec.65 Warrants—procedure before entry
This section applies if an inspector is intending to enter a place under a warrant issued under this part.
Before entering the place, the inspector must do or make a reasonable attempt to do each of the following things—
identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s identity card, or having the identity card displayed, as mentioned in section 55 (1) ;
For an inspector who is a police officer, see the Police Powers and Responsibilities Act 2000 , section 637 .
give the person a copy of the warrant;
tell the person the inspector is permitted by the warrant to enter the place;
give the person an opportunity to allow the inspector immediate entry to the place without using force.
However, the inspector need not comply with subsection (2) if the inspector believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.
In this section—
identity card means—
an identity card issued under section 54 ; or
an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as an inspector under this Act.
warrant includes a duplicate warrant mentioned in section 63 (5) .
s 65 amd 2011 No. 6 s 98 ; 2022 No. 9 s 59
(sec.65-ssec.1) This section applies if an inspector is intending to enter a place under a warrant issued under this part.
(sec.65-ssec.2) Before entering the place, the inspector must do or make a reasonable attempt to do each of the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s identity card, or having the identity card displayed, as mentioned in section 55 (1) ; For an inspector who is a police officer, see the Police Powers and Responsibilities Act 2000 , section 637 . give the person a copy of the warrant; tell the person the inspector is permitted by the warrant to enter the place; give the person an opportunity to allow the inspector immediate entry to the place without using force.
(sec.65-ssec.3) However, the inspector need not comply with subsection (2) if the inspector believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.
(sec.65-ssec.4) In this section— identity card means— an identity card issued under section 54 ; or an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as an inspector under this Act. warrant includes a duplicate warrant mentioned in section 63 (5) .
- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s identity card, or having the identity card displayed, as mentioned in section 55 (1) ; Note— For an inspector who is a police officer, see the Police Powers and Responsibilities Act 2000 , section 637 .
- (b) give the person a copy of the warrant;
- (c) tell the person the inspector is permitted by the warrant to enter the place;
- (d) give the person an opportunity to allow the inspector immediate entry to the place without using force.
- (a) an identity card issued under section 54 ; or
- (b) an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as an inspector under this Act.