sec.23Power of entry

sec.23 Power of entry

An MRQ member may enter a place without a warrant or the consent of the owner or occupier of the place if— the MRQ member is performing an MRQ function at the place; and the MRQ member reasonably suspects that there is a dangerous situation at or near the place. However, if the occupier is present at the place, the MRQ member must do, or make a reasonable attempt to do, the following things before entering the place— tell the occupier the purpose of the entry; seek the consent of the occupier to the entry; tell the occupier the MRQ member is permitted under this Act to enter the place without the occupier’s consent. Subsection (2) does not require the MRQ member to take a step if the member reasonably believes that to do so may endanger any person or property. The MRQ member may remain at the place for the time necessary— to establish whether a dangerous situation exists at or near the place; and to give or arrange for reasonable help to any person at the place. In this section— dangerous situation means a situation that is likely to result in an imminent risk of material harm to persons, property or the environment if action is not taken to avoid, eliminate or minimise the risk. occupier , of a place, includes the following— if there is more than 1 person who apparently occupies the place—any 1 of the persons; any person at the place who is apparently acting with the authority of a person who apparently occupies the place; if no-one apparently occupies the place—any person who is an owner of the place. of , a place, includes at or on the place. place includes— premises; and vacant land; and a vehicle; and a place in Queensland waters; and a place held under 2 or more titles or by 2 or more owners. premises includes— a building or structure, or part of a building or structure, of any type; and a group of buildings or structures, or part of a group of buildings or structures, of any type; and the land or water where a building or structure, or a group of buildings or structures, is situated; and a vehicle and a caravan; and premises held under 2 or more titles or by 2 or more owners. reasonably suspects means suspects on grounds that are reasonable in the circumstances. vehicle means— an aircraft, including a helicopter; or a vehicle or vessel under the Transport Operations (Road Use Management) Act 1995 . (sec.23-ssec.1) An MRQ member may enter a place without a warrant or the consent of the owner or occupier of the place if— the MRQ member is performing an MRQ function at the place; and the MRQ member reasonably suspects that there is a dangerous situation at or near the place. (sec.23-ssec.2) However, if the occupier is present at the place, the MRQ member must do, or make a reasonable attempt to do, the following things before entering the place— tell the occupier the purpose of the entry; seek the consent of the occupier to the entry; tell the occupier the MRQ member is permitted under this Act to enter the place without the occupier’s consent. (sec.23-ssec.3) Subsection (2) does not require the MRQ member to take a step if the member reasonably believes that to do so may endanger any person or property. (sec.23-ssec.4) The MRQ member may remain at the place for the time necessary— to establish whether a dangerous situation exists at or near the place; and to give or arrange for reasonable help to any person at the place. (sec.23-ssec.5) In this section— dangerous situation means a situation that is likely to result in an imminent risk of material harm to persons, property or the environment if action is not taken to avoid, eliminate or minimise the risk. occupier , of a place, includes the following— if there is more than 1 person who apparently occupies the place—any 1 of the persons; any person at the place who is apparently acting with the authority of a person who apparently occupies the place; if no-one apparently occupies the place—any person who is an owner of the place. of , a place, includes at or on the place. place includes— premises; and vacant land; and a vehicle; and a place in Queensland waters; and a place held under 2 or more titles or by 2 or more owners. premises includes— a building or structure, or part of a building or structure, of any type; and a group of buildings or structures, or part of a group of buildings or structures, of any type; and the land or water where a building or structure, or a group of buildings or structures, is situated; and a vehicle and a caravan; and premises held under 2 or more titles or by 2 or more owners. reasonably suspects means suspects on grounds that are reasonable in the circumstances. vehicle means— an aircraft, including a helicopter; or a vehicle or vessel under the Transport Operations (Road Use Management) Act 1995 .