Queensland Consolidated Acts Queensland Consolidated Acts(1) Before an inspector enters a dwelling house for the purpose of exercising the inspector's powers under this Act, save where the inspector has the permission of the occupier to the inspector's entry, the inspector shall make an application to a justice who is a magistrate and obtain from the justice a warrant to enter.
(2) A justice who is satisfied upon an application made under this section that there is reasonable cause to suspect or believe--
(a) that in any place an offence against this Act has been or is being committed; or
(b) that there is in any place any matter or thing with respect to which an offence against this Act has been or is being committed, or with respect to which an inspector may exercise a power under this Act;
may issue a warrant directed to an inspector to enter the place specified in the warrant for the purpose of exercising therein the powers conferred upon an inspector by this Act.
(3) The justice shall specify in the warrant the powers the inspector may exercise and shall note thereon the basis upon which the warrant is issued.
(4) An application to a justice for the issue of a warrant under this section--
(a) may be heard in any place, and subject to subsections (5) and (6), in such manner as the justice thinks fit; and
(b) may be made in person or by telephone, radio or by means of any other form of distant communication.
(5) Except where a warrant is issued upon an application made by telephone, radio or by means of any other form of distant communication, in determining whether or not the justice should issue a warrant, the justice shall not rely on any statement of facts unless it is provided by means of an oral or written statement given under oath, affirmation or declaration or under some other sanction authorised by law.
(6) If an application is made by means of telephone, radio or any other form of distant communication the following provisions shall apply--
(a) the justice shall not issue the warrant unless the justice informs the applicant of the facts upon which the justice relies in issuing the warrant and obtains from the applicant an undertaking that the applicant shall deliver to the justice as directed by the justice as soon as practicable a statement in writing given under oath, affirmation or declaration or under some other sanction authorised by law, that verifies those facts;
(b) if the justice issues the warrant--the justice shall inform the applicant that the justice has done so and shall send the warrant to the Minister within 7 days of its issue;
(c) on and from the issue of the warrant, a form of warrant completed by the applicant substantially in the terms of the warrant issued by the justice and stating the name of the justice and the date on which and the place at which the justice issued it shall for all purposes be deemed to be a warrant issued under this section;
(d) as soon as practicable after the issue of a warrant, the applicant shall deliver to the justice a statement in writing in compliance with the undertaking obtained from the applicant pursuant to paragraph (a) and if the applicant fails to do so the warrant on and from such failure shall be deemed to be cancelled.
(6A) The failure of a justice to send a warrant to the Minister in compliance with subsection (6)(b) shall not affect the validity of the warrant.
(7) A warrant issued under this section shall be, for a period of 21 days from the date of its issue, sufficient authority for the inspector and all persons acting in aid of the inspector--
(a) to enter the place specified in the warrant; and
(b) subject to the terms of the warrant, to exercise the powers conferred upon an inspector under this Act.
(8) Subsection (1) does not limit the places for which a warrant to enter may be obtained under this section.