Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 376

376 Power to enter particular places

(1) The power of the authorised person to transport the person includes the power to enter a place in which the authorised person reasonably believes the person is if—

(a) an occupier of the place consents to the entry; or

(b) it is a public place and the entry is made when the place is open to the public.

(2) For asking an occupier of a place to consent to the entry, chapter 14 , part 3 , division 2 applies as if—

(a) a reference in the division to an inspector were a reference to the authorised person; and

(b) a reference in the division to an inspector asking an occupier of a place to consent to an inspector entering the place under section 565 (1) (a) were a reference to the authorised person asking the occupier of the place to consent to the authorised person entering the place under this section.

Note—

See also the Police Powers and Responsibilities Act 2000 , section 21 for other powers of a police officer.

(3) If the power to enter a place arises only because an occupier of the place consents to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.

(4) If an authorised person lawfully enters a place under subsection (1) for the purpose of transporting a person, the power of the authorised person to transport the person also includes the power—

(a) to search the place to find the person; and

(b) to remain in the place for as long as the authorised person considers it reasonably necessary to find the person.