QLDIn ForceAct
Queensland Heritage Act 1992
sec.136Issue of warrant
Start here
Get a plain-English read of sec.136
Turn the raw legal text into a practical explanation grounded in Queensland Heritage Act 1992.
### sec.136 Issue of warrant
The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—
there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act or of a development offence under the Planning Act ; and
the evidence is at the place, or, within the next 7 days, may be at the place.
The warrant must state—
that any authorised person or a stated authorised person may, with necessary and reasonable help and force—
enter the place and any other place necessary for entry; and
exercise the authorised person’s powers under this part; and
the offence for which the warrant is sought; and
the evidence that may be seized under the warrant; and
the hours of the day or night when the place may be entered; and
the date, within 14 days after the warrant’s issue, the warrant ends.
s 136 ins 2003 No. 32 s 18
amd 2004 No. 20 s 44 ; 2007 No. 50 s 3 sch ; 2011 No. 6 s 118
(sec.136-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act or of a development offence under the Planning Act ; and the evidence is at the place, or, within the next 7 days, may be at the place.
(sec.136-ssec.2) The warrant must state— that any authorised person or a stated authorised person may, with necessary and reasonable help and force— enter the place and any other place necessary for entry; and exercise the authorised person’s powers under this part; and the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.
- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act or of a development offence under the Planning Act ; and
- (b) the evidence is at the place, or, within the next 7 days, may be at the place.
- (a) that any authorised person or a stated authorised person may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the authorised person’s powers under this part; and
- (i) enter the place and any other place necessary for entry; and
- (ii) exercise the authorised person’s powers under this part; and
- (b) the offence for which the warrant is sought; and
- (c) the evidence that may be seized under the warrant; and
- (d) the hours of the day or night when the place may be entered; and
- (e) the date, within 14 days after the warrant’s issue, the warrant ends.
- (i) enter the place and any other place necessary for entry; and
- (ii) exercise the authorised person’s powers under this part; and