QLDIn ForceAct
Public Health Act 2005
sec.399General powers after entering places
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### sec.399 General powers after entering places
This section applies to an authorised person who enters a place.
However, if an authorised person enters a place to get the occupier’s consent to enter a place, this section applies to the authorised person only if the consent is given or the entry is otherwise authorised.
For monitoring and enforcing compliance with this Act or establishing whether there is a public health risk at the place, the authorised person may—
search any part of the place; or
inspect, measure, test, photograph or film any part of the place or anything at the place; or
take a thing, or a sample of or from a thing, at the place for analysis or testing; or
copy a document at the place or take the document to another place to copy it; or
take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this chapter; or
require a person at the place to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) ; or
require a person at the place to answer questions by the authorised person, or to give the authorised person information, to help the authorised person ascertain whether this Act is being or has been complied with or there is a public health risk at the place.
When making a requirement mentioned in subsection (3) (f) or (g) , the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.
If an authorised person takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.
To remove any doubt, it is declared that the power mentioned in subsection (3) (e) includes the power to leave at the place for a reasonable period the equipment and materials mentioned in that paragraph.
s 399 amd 2008 No. 34 s 656 ; 2025 No. 21 s 45
(sec.399-ssec.1) This section applies to an authorised person who enters a place.
(sec.399-ssec.2) However, if an authorised person enters a place to get the occupier’s consent to enter a place, this section applies to the authorised person only if the consent is given or the entry is otherwise authorised.
(sec.399-ssec.3) For monitoring and enforcing compliance with this Act or establishing whether there is a public health risk at the place, the authorised person may— search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, at the place for analysis or testing; or copy a document at the place or take the document to another place to copy it; or take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this chapter; or require a person at the place to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) ; or require a person at the place to answer questions by the authorised person, or to give the authorised person information, to help the authorised person ascertain whether this Act is being or has been complied with or there is a public health risk at the place.
(sec.399-ssec.4) When making a requirement mentioned in subsection (3) (f) or (g) , the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.
(sec.399-ssec.5) If an authorised person takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.
(sec.399-ssec.6) To remove any doubt, it is declared that the power mentioned in subsection (3) (e) includes the power to leave at the place for a reasonable period the equipment and materials mentioned in that paragraph.
- (a) search any part of the place; or
- (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or
- (c) take a thing, or a sample of or from a thing, at the place for analysis or testing; or
- (d) copy a document at the place or take the document to another place to copy it; or
- (e) take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this chapter; or
- (f) require a person at the place to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) ; or
- (g) require a person at the place to answer questions by the authorised person, or to give the authorised person information, to help the authorised person ascertain whether this Act is being or has been complied with or there is a public health risk at the place.