Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 199

199 Power to enter and inspect building site relating to complaint or audit

(1) For investigating a complaint or conducting an audit, an auditor may enter and inspect a building site to which the complaint or audit relates.

(2) The entry and inspection must be—

(a) made with the consent of the person in control of the building site; or

(b) authorised by warrant of a magistrate; or

(c) done when building work is being carried out at the building site.

(3) However, an entry and inspection carried out only under subsection (2) (c) must not include a part of a building in which a person resides.

(4) For the purpose of asking the person in control of the building site for consent to enter, the auditor may, without the person’s consent or a warrant enter the site to the extent that is reasonable to contact the person.

(5) An auditor may apply to a magistrate for a warrant under this section for a particular building site.

(6) The application must be sworn and state the grounds on which it is sought.

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

(8) The magistrate may issue the warrant only if the magistrate is satisfied there is a proper reason for entering and inspecting the building site.

(9) The warrant must state—

(a) that the auditor may, with necessary and reasonable help and force, enter and inspect the building site; and

(b) the hours of the day when entry may be made; and

(c) the day (not more than 14 days after the issue of the warrant) on which the warrant ceases to have effect.