sec.140General power to enter places

sec.140 General power to enter places

An inspector may enter a place if— an occupier at the place consents under division 2 to the entry and section 144 has been complied with for the occupier; or it is a public place and the entry is made when the place is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 152 has been complied with for the occupier; or it is a professional practice place of a person authorised under this Act and the entry is made when the place is— open for carrying on business; or otherwise open for entry; or it is an authorised place that is required to be open for inspection as a condition of the authorisation of the place; or the entry is authorised under section 141 and section 146 has been complied with. Subsection (1) (d) , (e) and (f) does not authorise entry to a part of the place where a person resides. If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn. The consent may provide consent for re-entry and is subject to the conditions of consent. If the power to enter is under a warrant, the power is subject to the terms of the warrant. If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant. In this section— authorised place means a place where a regulated activity with a regulated substance is authorised to be carried out under an approved person’s authorisation or a substance authority. professional practice place , of a person authorised under this Act— means a place where the person lawfully practises a profession, or performs functions, for which the person is authorised; and if the person holds a pest management licence—includes a place where building work under the Queensland Building and Construction Commission Act 1991 is being, or is about to be, carried out. (sec.140-ssec.1) An inspector may enter a place if— an occupier at the place consents under division 2 to the entry and section 144 has been complied with for the occupier; or it is a public place and the entry is made when the place is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 152 has been complied with for the occupier; or it is a professional practice place of a person authorised under this Act and the entry is made when the place is— open for carrying on business; or otherwise open for entry; or it is an authorised place that is required to be open for inspection as a condition of the authorisation of the place; or the entry is authorised under section 141 and section 146 has been complied with. (sec.140-ssec.2) Subsection (1) (d) , (e) and (f) does not authorise entry to a part of the place where a person resides. (sec.140-ssec.3) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn. (sec.140-ssec.4) The consent may provide consent for re-entry and is subject to the conditions of consent. (sec.140-ssec.5) If the power to enter is under a warrant, the power is subject to the terms of the warrant. (sec.140-ssec.6) If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant. (sec.140-ssec.7) In this section— authorised place means a place where a regulated activity with a regulated substance is authorised to be carried out under an approved person’s authorisation or a substance authority. professional practice place , of a person authorised under this Act— means a place where the person lawfully practises a profession, or performs functions, for which the person is authorised; and if the person holds a pest management licence—includes a place where building work under the Queensland Building and Construction Commission Act 1991 is being, or is about to be, carried out.