QLDIn ForceAct
Public Health Act 2005
sec.43Powers of authorised persons after entry
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### sec.43 Powers of authorised persons after entry
This section applies if an authorised person enters a place under section 41 .
The authorised person may exercise the following powers—
take reasonable steps to eradicate or prevent the occurrence or recurrence of the designated pests, including by the use of pesticides;
take a thing, or a sample of or from a thing, at the place for analysis or testing;
take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this section;
require a person at the place to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (c) .
When making a requirement mentioned in subsection (2) (d) , 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.
Also, the authorised person may, under part 3 , give a person a public health order if—
the authorised person is appointed for part 3 ; and
the public health order is for the prevention or control of the designated pests to which the prevention and control program relates.
To remove any doubt, it is declared that the power mentioned in subsection (2) (c) includes the power to leave at the place for a reasonable period the equipment and materials mentioned in that paragraph.
s 43 amd 2025 No. 21 s 43
(sec.43-ssec.1) This section applies if an authorised person enters a place under section 41 .
(sec.43-ssec.2) The authorised person may exercise the following powers— take reasonable steps to eradicate or prevent the occurrence or recurrence of the designated pests, including by the use of pesticides; take a thing, or a sample of or from a thing, at the place for analysis or testing; take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this section; require a person at the place to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (c) .
(sec.43-ssec.3) When making a requirement mentioned in subsection (2) (d) , 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.43-ssec.4) Also, the authorised person may, under part 3 , give a person a public health order if— the authorised person is appointed for part 3 ; and the public health order is for the prevention or control of the designated pests to which the prevention and control program relates.
(sec.43-ssec.5) To remove any doubt, it is declared that the power mentioned in subsection (2) (c) includes the power to leave at the place for a reasonable period the equipment and materials mentioned in that paragraph.
- (a) take reasonable steps to eradicate or prevent the occurrence or recurrence of the designated pests, including by the use of pesticides;
- (b) take a thing, or a sample of or from a thing, at the place for analysis or testing;
- (c) take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this section;
- (d) require a person at the place to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (c) .
- (a) the authorised person is appointed for part 3 ; and
- (b) the public health order is for the prevention or control of the designated pests to which the prevention and control program relates.