QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.26Entry to places
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### sec.26 Entry to places
An authorised officer may enter a place if—
its occupier consents to the entry; or
the entry is authorised by a warrant; or
it is mentioned in a licence or other document prescribed under a regulation as a place of business, or another place, required to be open to inspection and the entry is made when the place is—
open for the conduct of business or otherwise open for entry; or
required under the licence or document to be open for inspection; or
for a place other than in a dwelling house—
the officer reasonably believes—
a vehicle is for sale in the place; and
the place is open for entry to anyone interested in purchasing the vehicle; and
the entry is made between sunrise and sunset; or
the officer reasonably believes a dangerous situation exists in the place and it is necessary for the officer to enter it to take action under section 161N to prevent the danger.
An authorised officer, without the occupier’s consent or a warrant, may—
enter a public place when the place is open to the public; or
enter the land around premises to ask its occupier for consent to enter the premises.
s 26 amd 1997 No. 66 s 113 ; 2007 No. 43 s 33 sch ; 2008 No. 67 s 44
(sec.26-ssec.1) An authorised officer may enter a place if— its occupier consents to the entry; or the entry is authorised by a warrant; or it is mentioned in a licence or other document prescribed under a regulation as a place of business, or another place, required to be open to inspection and the entry is made when the place is— open for the conduct of business or otherwise open for entry; or required under the licence or document to be open for inspection; or for a place other than in a dwelling house— the officer reasonably believes— a vehicle is for sale in the place; and the place is open for entry to anyone interested in purchasing the vehicle; and the entry is made between sunrise and sunset; or the officer reasonably believes a dangerous situation exists in the place and it is necessary for the officer to enter it to take action under section 161N to prevent the danger.
(sec.26-ssec.2) An authorised officer, without the occupier’s consent or a warrant, may— enter a public place when the place is open to the public; or enter the land around premises to ask its occupier for consent to enter the premises.
- (a) its occupier consents to the entry; or
- (b) the entry is authorised by a warrant; or
- (c) it is mentioned in a licence or other document prescribed under a regulation as a place of business, or another place, required to be open to inspection and the entry is made when the place is— (i) open for the conduct of business or otherwise open for entry; or (ii) required under the licence or document to be open for inspection; or
- (i) open for the conduct of business or otherwise open for entry; or
- (ii) required under the licence or document to be open for inspection; or
- (d) for a place other than in a dwelling house— (i) the officer reasonably believes— (A) a vehicle is for sale in the place; and (B) the place is open for entry to anyone interested in purchasing the vehicle; and (ii) the entry is made between sunrise and sunset; or
- (i) the officer reasonably believes— (A) a vehicle is for sale in the place; and (B) the place is open for entry to anyone interested in purchasing the vehicle; and
- (A) a vehicle is for sale in the place; and
- (B) the place is open for entry to anyone interested in purchasing the vehicle; and
- (ii) the entry is made between sunrise and sunset; or
- (e) the officer reasonably believes a dangerous situation exists in the place and it is necessary for the officer to enter it to take action under section 161N to prevent the danger.
- (i) open for the conduct of business or otherwise open for entry; or
- (ii) required under the licence or document to be open for inspection; or
- (i) the officer reasonably believes— (A) a vehicle is for sale in the place; and (B) the place is open for entry to anyone interested in purchasing the vehicle; and
- (A) a vehicle is for sale in the place; and
- (B) the place is open for entry to anyone interested in purchasing the vehicle; and
- (ii) the entry is made between sunrise and sunset; or
- (A) a vehicle is for sale in the place; and
- (B) the place is open for entry to anyone interested in purchasing the vehicle; and
- (a) enter a public place when the place is open to the public; or
- (b) enter the land around premises to ask its occupier for consent to enter the premises.