Queensland Consolidated Acts

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QUEENSLAND BUILDING SERVICES AUTHORITY ACT 1991 - SECT 107

107 Power to enter and inspect building site

(1) An inspector may enter and inspect a building site--

(a) for the purpose of ascertaining whether this Act is being complied with; or
(b) for the purpose of determining whether the building work has been, or is being, properly carried out.

(2) The entry and inspection must be--

(a) made with the consent of the person in control of the building site; or
(b) during times building work is being carried out on the site; or
(c) authorised by warrant of the tribunal.

(2A) For the purpose of asking the person in control of the site for consent to enter, an inspector may, without the person's consent or a warrant enter the site to the extent that is reasonable to contact the person.

(2B) Neither subsection (2)(b) or (2A) authorises entry to a place where a person resides.

(3) An inspector may apply, as provided under the QCAT Act, to the tribunal for a warrant under this section in relation to a particular building site.

(4) Subject to subsection (5), the tribunal may issue the warrant if the tribunal is satisfied, by information on oath, that there is a proper reason for entering and inspecting the building site.

(5) If the tribunal requires further information concerning the grounds on which the warrant is sought, the tribunal must not issue the warrant unless the inspector or some other person has given the information to the tribunal in the form (either orally or by affidavit) that the tribunal requires.

(6) The warrant must--

(a) authorise the inspector, with such assistance and by such force as is necessary and reasonable, to enter and inspect the place; and
(b) state whether the entry may be made at any time of the day or night or during specified hours of the day or night; and
(c) specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and
(d) state the purposes for which the warrant is issued.


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