QLD Entry warants

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CrownDiamond

Member
2 July 2021
4
0
1
Hi all.
I have been I believe the subject of a entry by an unauthorised warrant.
I have reason to believe that the warrant that shire council workers used is invalid and unlawful. I'll explain: they came to my property and threatened me to arrest me if I don't open the lock on the gate and cut the lock and enter because they have a warrant. I must say I was really distressed by the whole situation and I that state I allowed them to enter. Now, the warrant when examined bears only a scribble signature of an alleged magistrate but no name, no seal or at least a number of theyr registration as a JP.
The question is: does this potentially make for a forced entry that is unlawful and illegal?
Thanks

I can't load the pics for now. Just the phone.
 

Docupedia

Well-Known Member
7 October 2020
378
54
794
Warrants under the Local Government Act are issued by Magistrates - not Justices of the Peace. Section 130 covers warrants normally (section 131 covers electronic warrants - this doesn't appear to be the case from what you've said).

Section 130 (LOCAL GOVERNMENT ACT 2009 - SECT 130 Entering private property with, and in accordance with, a warrant)
- Doesn't state any requirement for the Magistrate to provide a name (and as far as I know magistrates don't have a seal or registration number).
- Does provide at sub-section (8):

"(8) A warrant is not invalidated by a defect in the warrant, or in compliance with section 131 , unless the defect affects the substance of the warrant in a material particular."