Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 129

129 Entering private property with, and in accordance with, the occupier’s permission

(1) An authorised person may enter private property, that is not closed to entry by the public (by a locked gate, for example), in order to ask the occupier of the property for permission to stay on the property and exercise powers under a Local Government Act .

(2) When asking the occupier for permission, the authorised person must inform the occupier—

(a) of the purpose of entering the property; and

(b) that any thing or information that the authorised person finds on the property may be used as evidence in court; and

(c) that the occupier is not obliged to give permission.

(3) If the occupier gives permission, the authorised person may ask the occupier to sign a document that confirms that the occupier has given permission.

(4) The document must state—

(a) that the authorised person informed the occupier—

(i) of the purpose of entering the property; and

(ii) that any thing or information that the authorised person finds on the property may be used as evidence in court; and

(iii) that the occupier was not obliged to give the permission; and

(b) that the occupier gave the authorised person permission to enter the property and exercise powers under a Local Government Act ; and

(c) the date and time when the occupier gave the permission.

(5) If the occupier signs the document, the authorised person must immediately give a copy of the document to the occupier.

(6) If, in any proceedings—

(a) a question arises as to whether the occupier of a property gave permission to allow an authorised person to stay on the property under this Act; and

(b) a document that confirms the occupier gave permission is not produced in evidence;

the court may assume that the occupier did not give the permission, unless the contrary is proved.

(7) If the occupier gives permission, the authorised person may stay on the property and exercise the powers that the occupier has agreed to be exercised on the property.

(8) However, the right to stay on the property—

(a) is subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and

(b) may be cancelled by the occupier at any time.