QLDIn ForceAct
Public Health Act 2005
sec.41Power of authorised persons to enter place for prevention and control program
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### sec.41 Power of authorised persons to enter place for prevention and control program
For undertaking a prevention and control program, an authorised person may enter a place in the area to which the program relates at any reasonable time of the day or night, to search for—
the designated pests to which the program relates; and
an animal, structure, substance or other thing that—
is, or is likely to become, a breeding ground or source of food for designated pests; or
harbours, or is likely to become something that harbours, designated pests.
An authorised person may not enter a dwelling under subsection (1) without the occupier’s consent.
For subsection (2) , the following do not form part of a dwelling—
a carport, other than a carport to which access is restricted;
the area of a verandah or deck to which access is not restricted and no provision is made to restrict access;
the area underneath the dwelling to which access is not restricted and no provision is made to restrict access;
any other external part of the dwelling, including, for example, the dwelling’s gutters;
land around the dwelling.
(sec.41-ssec.1) For undertaking a prevention and control program, an authorised person may enter a place in the area to which the program relates at any reasonable time of the day or night, to search for— the designated pests to which the program relates; and an animal, structure, substance or other thing that— is, or is likely to become, a breeding ground or source of food for designated pests; or harbours, or is likely to become something that harbours, designated pests.
(sec.41-ssec.2) An authorised person may not enter a dwelling under subsection (1) without the occupier’s consent.
(sec.41-ssec.3) For subsection (2) , the following do not form part of a dwelling— a carport, other than a carport to which access is restricted; the area of a verandah or deck to which access is not restricted and no provision is made to restrict access; the area underneath the dwelling to which access is not restricted and no provision is made to restrict access; any other external part of the dwelling, including, for example, the dwelling’s gutters; land around the dwelling.
- (a) the designated pests to which the program relates; and
- (b) an animal, structure, substance or other thing that— (i) is, or is likely to become, a breeding ground or source of food for designated pests; or (ii) harbours, or is likely to become something that harbours, designated pests.
- (i) is, or is likely to become, a breeding ground or source of food for designated pests; or
- (ii) harbours, or is likely to become something that harbours, designated pests.
- (i) is, or is likely to become, a breeding ground or source of food for designated pests; or
- (ii) harbours, or is likely to become something that harbours, designated pests.
- (a) a carport, other than a carport to which access is restricted;
- (b) the area of a verandah or deck to which access is not restricted and no provision is made to restrict access;
- (c) the area underneath the dwelling to which access is not restricted and no provision is made to restrict access;
- (d) any other external part of the dwelling, including, for example, the dwelling’s gutters;
- (e) land around the dwelling.