Powers of authorised person to enter premises
96 Powers of authorised person to enter premises
For this Act, an authorised person may—
at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or
at any time, enter premises with the occupier’s consent; or
at any time, enter premises if the authorised person believes on reasonable grounds that—
an offence against this Act is being, or is likely to be, or has just been, committed at the premises; and
the risk to a person, the environment or public health resulting from the offence is so serious and urgent that immediate entry to the premises without the authority of a warrant is necessary; or
enter premises in accordance with a warrant.
However, subsection (1) (a) or (c) do not authorise entry into a part of the premises that is being used only for residential purposes.
If an authorised person wants to ask for consent to enter a building or other structure on the premises, the authorised person may, without the occupier’s consent, enter any land that forms part of the premises to ask for the consent.
To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge.
An authorised person may—
enter the premises with 1 or more people who, in the opinion of the authorised person, have knowledge or skills that could assist the authorised person to carry out their functions; and
if entering the premises in accordance with a warrant—also enter the premises with necessary force.
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.