Queensland Consolidated Regulations

TRANSPORT INFRASTRUCTURE (PUBLIC MARINE FACILITIES) REGULATION 2023 - REG 63

63 General power to enter places

(1) An authorised officer may enter a place if—

(a) an occupier at the place consents under subdivision 2 to the entry and section 66 has been complied with for the occupier; or

(b) the place is a public place and the entry is made when the place is open to the public; or

(c) the place is a place of business stated in a relevant approval and is—

(i) open for carrying on business; or

(ii) otherwise open for entry; or

(iii) required to be open for inspection under the approval.

(2) For subsection (1) (c) , a
"place of business" does not include a part of the place where a person resides.

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of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.

(4) In this section—

"public place" means a place, or part of a place—

(a) that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or

Examples of places that may be a public place under paragraph (a)—

a beach, a park, a road

(b) the occupier of which allows, whether or not on payment of money, members of the public to enter.

Examples of places that may be a public place under paragraph (b)—

a saleyard, a showground

"relevant approval" means—

(a) a fuelling service approval; or

(b) a transport service approval.