QLDIn ForceAct
State Emergency Service Act 2024
sec.36Power of entry
Start here
Get a plain-English read of sec.36
Turn the raw legal text into a practical explanation grounded in State Emergency Service Act 2024.
### sec.36 Power of entry
An authorised rescue officer may enter a place without a warrant or the consent of the owner or occupier of the place to perform an emergency-related SES function.
However, if the occupier is present at the place, the authorised rescue officer must do, or make a reasonable attempt to do, the following things before entering the place—
tell the occupier the purpose of the entry;
seek the consent of the occupier to the entry;
tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.
Subsection (2) does not require the authorised rescue officer to take a step the officer reasonably believes may frustrate or otherwise hinder the officer’s ability to give the protection mentioned in section 35 (2) .
In this section—
occupier , of a place, includes the following—
if there is more than 1 person who apparently occupies the place—any 1 of the persons;
any person at the place who is apparently acting with the authority of a person who apparently occupies the place;
if no-one apparently occupies the place—any person who is an owner of the place.
(sec.36-ssec.1) An authorised rescue officer may enter a place without a warrant or the consent of the owner or occupier of the place to perform an emergency-related SES function.
(sec.36-ssec.2) However, if the occupier is present at the place, the authorised rescue officer must do, or make a reasonable attempt to do, the following things before entering the place— tell the occupier the purpose of the entry; seek the consent of the occupier to the entry; tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.
(sec.36-ssec.3) Subsection (2) does not require the authorised rescue officer to take a step the officer reasonably believes may frustrate or otherwise hinder the officer’s ability to give the protection mentioned in section 35 (2) .
(sec.36-ssec.4) In this section— occupier , of a place, includes the following— if there is more than 1 person who apparently occupies the place—any 1 of the persons; any person at the place who is apparently acting with the authority of a person who apparently occupies the place; if no-one apparently occupies the place—any person who is an owner of the place.
- (a) tell the occupier the purpose of the entry;
- (b) seek the consent of the occupier to the entry;
- (c) tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.
- (a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;
- (b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;
- (c) if no-one apparently occupies the place—any person who is an owner of the place.