Queensland Consolidated Acts

TRADING (ALLOWABLE HOURS) ACT 1990 - SECT 9

9 Limitation on authority to enter

(1) The authority conferred by section 8 on an industrial inspector to enter a place does not include authority to enter premises used as a private dwelling house unless—

(a) the person apparently in charge of the premises consents to the inspector’s entry; or

(b) the inspector has the prescribed warrant to enter the premises, which is in force, and, if requested to do so, produces the warrant for examination by the person apparently in charge of the premises.

(2) Any justice who is satisfied on the complaint in writing of an industrial inspector that the inspector reasonably believes premises to be such that, but for the absence of a warrant to enter, an industrial inspector is authorised by this Act to enter therein may issue a warrant directed to the inspector to enter the premises for the purpose of exercising authority conferred on an industrial inspector by this Act.

(3) A warrant issued under subsection (2) remains in force for a period of 1 month following the date of its issue, and is lawful authority—

(a) to the inspector to whom it is directed and anyone helping the inspector to enter the premises specified in the warrant; and

(b) to the inspector to whom it is directed to exercise in respect of the premises specified in the warrant the authorities conferred on an industrial inspector by this Act.

(4) In this section—

"private dwelling house" does not include—

(a) any part of premises that is not used exclusively for the purpose of private residence; or

(b) the curtilage of any premises.