QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.97Entry and inspection of property by member of tribunal
Start here
Get a plain-English read of sec.97
Turn the raw legal text into a practical explanation grounded in Queensland Building and Construction Commission Act 1991.
### sec.97 Entry and inspection of property by member of tribunal
A member of the tribunal may, if it is necessary to do so for the purposes of a proceeding before the tribunal—
enter and inspect a building or land relevant to the proceeding accompanied by the parties to the proceeding; or
authorise a person in writing to take the following action and report to the tribunal on the action taken—
enter and inspect a building or land relevant to the proceeding;
take photographs, video film or an image of the building or land or anything relevant to the proceeding;
carry out tests approved by the tribunal.
a display home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party
land adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land
A person must not obstruct a member of the tribunal, or a person authorised under subsection (1) (b) , in the exercise of a power mentioned in subsection (1) .
Maximum penalty—200 penalty units.
s 97 orig s 97 amd 1996 No. 58 s 4
om 2000 No. 10 s 183 sch 1
prev s 97 ins 2003 No. 30 s 169 sch 1
amd 2007 No. 47 s 74
om 2009 No. 24 s 1693
pres s 97 ins 2009 No. 24 s 1694
(sec.97-ssec.1) A member of the tribunal may, if it is necessary to do so for the purposes of a proceeding before the tribunal— enter and inspect a building or land relevant to the proceeding accompanied by the parties to the proceeding; or authorise a person in writing to take the following action and report to the tribunal on the action taken— enter and inspect a building or land relevant to the proceeding; take photographs, video film or an image of the building or land or anything relevant to the proceeding; carry out tests approved by the tribunal. a display home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party land adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land
(sec.97-ssec.2) A person must not obstruct a member of the tribunal, or a person authorised under subsection (1) (b) , in the exercise of a power mentioned in subsection (1) . Maximum penalty—200 penalty units.
- (a) enter and inspect a building or land relevant to the proceeding accompanied by the parties to the proceeding; or
- (b) authorise a person in writing to take the following action and report to the tribunal on the action taken— (i) enter and inspect a building or land relevant to the proceeding; (ii) take photographs, video film or an image of the building or land or anything relevant to the proceeding; (iii) carry out tests approved by the tribunal. Examples of building or land relevant to the proceeding— • a display home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party • land adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land
- (i) enter and inspect a building or land relevant to the proceeding;
- (ii) take photographs, video film or an image of the building or land or anything relevant to the proceeding;
- (iii) carry out tests approved by the tribunal. Examples of building or land relevant to the proceeding— • a display home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party • land adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land
- • a display home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party
- • land adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land
- (i) enter and inspect a building or land relevant to the proceeding;
- (ii) take photographs, video film or an image of the building or land or anything relevant to the proceeding;
- (iii) carry out tests approved by the tribunal. Examples of building or land relevant to the proceeding— • a display home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party • land adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land
- • a display home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party
- • land adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land
- • a display home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party
- • land adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land