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I quote
part of Sec 160 of the Health Act 1837 (Qld):
160
Entry
(1)
The chief
executive, the chief health officer, the local government and an
officer of the
department or local government may enter from time to time into and
upon any
house
or
premises for the purpose of examining as to the existence of any
nuisance
thereon or whether any of the provisions of this Act are being
contravened, or
of executing any work or making any inspection authorised to be
executed or
made under the provisions of this Act or any order, or local law, or
making any
inquiry under the provisions of this Act, or generally for the purpose
of
enforcing the provisions of this Act or any order, or local law, at any
time
between the hours of 9a.m. and 6p.m. of any day, or in the case of a
business
then at any hour when such business is in progress or is
usually
carried on.
(2)
If such
admission to any house or premises is refused, any justice,
on
complaint thereof by any such officer (made after
reasonable notice in writing of the intention to make it has been given
to the
occupier), may, by order
under the justice’s
hand, require the occupier to admit such officer into the house or
premises;
and if no occupier can be found the justice may, on proof of that fact,
by
order under the justice’s hand authorise any such officer to enter such
house
or premises.
(3)
However,
if the justice is satisfied that the occupier has wilfully absented or
concealed himself or herself in order to obstruct or delay the entry
into such
house or premises of any such officer, the justice may by order under
the
justice’s hand
authorise
such
officer to enter such house or premises.
(4)
Any such
order made by a justice shall continue in force until the nuisance is
abated or
the work or inspection required has been completed.
(5)
Any person
who fails to obey an order of a justice for the admission of any such
officer
shall be liable to a penalty not exceeding 10 penalty units and to a
daily
penalty not exceeding 1 penalty unit.
While it is not necessary for me to show that the BCC was well aware of Section 160 Health Act 1937, still I do attach a copy of a letter from Rodney Bowden where he mentions Sec 160 Health Act 1937.
This letter
indicates BCC knew the procedure to gain entry to my yard.
Sub section (2) of Section
160
Health
Act 1937, ensures Natural Justice [
aka
Due Process and aka Procedural Fairness] to me in that I should have
been given
notice of a hearing where it was proposed to cause detriment to me.
The
reference by BCC to sec 160 shows they knew they needed a court order,
or the
permission of the occupier, which they knew they did not have. The BCC called the police to intimidate and
arrest me, which was done maliciously being one of five malicious
proecutions
and one of two malicious arrests by the same police officer Henri Elias
Rantala. All five charges have been
dismissed in my favour.