I quote part of Sec 160 of the Health Act 1837 (Qld):
(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.
indicates BCC knew the procedure to gain entry to my yard.
Sub section (2) of Section
Act 1937, ensures Natural Justice [
Due Process and aka Procedural Fairness] to me in that I should have
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.