QLDIn ForceAct
Public Health Act 2005
sec.157RIssue of warrant
Start here
Get a plain-English read of sec.157R
Turn the raw legal text into a practical explanation grounded in Public Health Act 2005.
### sec.157R Issue of warrant
A magistrate may issue the warrant for apprehension of the person if the magistrate is satisfied the warrant is necessary to enable an authorised person to transport the person to a public sector health service facility for an examination.
The warrant authorises an authorised person—
to enter any 1 or more places the authorised person reasonably believes the person is; and
to search the places to find the person; and
to remain in the places for as long as the authorised person considers it reasonably necessary to find the person; and
to transport the person to a stated public sector health service facility.
For a police officer’s entry and search powers, see the Police Powers and Responsibilities Act 2000 , section 21 . Also, for the use of force by a police officer, see the Police Powers and Responsibilities Act 2000 , section 615 .
The warrant must state—
the person to whom the warrant applies; and
that an authorised person may, with necessary and reasonable help and force, exercise—
the powers under the warrant mentioned in subsection (2) ; and
the powers mentioned in part 4 ; and
the hours of the day or night when a place mentioned in subsection (2) (a) may be entered; and
the magistrate’s name; and
the day and time of the warrant’s issue; and
the day, within 7 days after the warrant’s issue, the warrant ends.
An authorised person may exercise powers under the warrant with the help, and using the force, that is reasonable in the circumstances.
s 157R ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (33) – (34) )
(sec.157R-ssec.1) A magistrate may issue the warrant for apprehension of the person if the magistrate is satisfied the warrant is necessary to enable an authorised person to transport the person to a public sector health service facility for an examination.
(sec.157R-ssec.2) The warrant authorises an authorised person— to enter any 1 or more places the authorised person reasonably believes the person is; and to search the places to find the person; and to remain in the places for as long as the authorised person considers it reasonably necessary to find the person; and to transport the person to a stated public sector health service facility. For a police officer’s entry and search powers, see the Police Powers and Responsibilities Act 2000 , section 21 . Also, for the use of force by a police officer, see the Police Powers and Responsibilities Act 2000 , section 615 .
(sec.157R-ssec.3) The warrant must state— the person to whom the warrant applies; and that an authorised person may, with necessary and reasonable help and force, exercise— the powers under the warrant mentioned in subsection (2) ; and the powers mentioned in part 4 ; and the hours of the day or night when a place mentioned in subsection (2) (a) may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 7 days after the warrant’s issue, the warrant ends.
(sec.157R-ssec.4) An authorised person may exercise powers under the warrant with the help, and using the force, that is reasonable in the circumstances.
- (a) to enter any 1 or more places the authorised person reasonably believes the person is; and
- (b) to search the places to find the person; and
- (c) to remain in the places for as long as the authorised person considers it reasonably necessary to find the person; and
- (d) to transport the person to a stated public sector health service facility.
- (a) the person to whom the warrant applies; and
- (b) that an authorised person may, with necessary and reasonable help and force, exercise— (i) the powers under the warrant mentioned in subsection (2) ; and (ii) the powers mentioned in part 4 ; and
- (i) the powers under the warrant mentioned in subsection (2) ; and
- (ii) the powers mentioned in part 4 ; and
- (c) the hours of the day or night when a place mentioned in subsection (2) (a) may be entered; and
- (d) the magistrate’s name; and
- (e) the day and time of the warrant’s issue; and
- (f) the day, within 7 days after the warrant’s issue, the warrant ends.
- (i) the powers under the warrant mentioned in subsection (2) ; and
- (ii) the powers mentioned in part 4 ; and