Rail Safety National Law (Queensland)
sec.153Places used for residential purposes
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sec.153 Places used for residential purposes
Despite anything else in this Division, the powers of a rail safety officer under this Part in relation to entering a place are not exercisable in respect of any part of a place that is used only for residential purposes except— with the consent of the person with control or management of the place; or under the authority conferred by a search warrant; or for the sole purpose of gaining access to suspected railway premises, but only— if the officer reasonably believes that no reasonable alternative access is available; and at a reasonable time, having regard to the times at which the officer believes rail safety work is being carried out at the place to which access is sought.
- (a) with the consent of the person with control or management of the place; or
- (b) under the authority conferred by a search warrant; or
- (c) for the sole purpose of gaining access to suspected railway premises, but only— (i) if the officer reasonably believes that no reasonable alternative access is available; and (ii) at a reasonable time, having regard to the times at which the officer believes rail safety work is being carried out at the place to which access is sought.
- (i) if the officer reasonably believes that no reasonable alternative access is available; and
- (ii) at a reasonable time, having regard to the times at which the officer believes rail safety work is being carried out at the place to which access is sought.
- (i) if the officer reasonably believes that no reasonable alternative access is available; and
- (ii) at a reasonable time, having regard to the times at which the officer believes rail safety work is being carried out at the place to which access is sought.