Power to enter premises
128 Power 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 when business premises are open for business, enter the premises; or
at any time, enter premises with the occupier’s consent; or
enter premises in accordance with a search warrant; or
at any time without a warrant, enter premises if the authorised person—
reasonably believes that the circumstances are so serious and urgent that immediate entry to the premises without the authority of a search warrant is necessary; or
reasonably suspects that an offence (other than an excluded offence) has been, or is being, committed on the premises; or
is authorised under this Act to seize an animal kept on the premises.
However, subsection (1) (a) and (b) do not authorise entry into a part of premises that is being used only for residential purposes.
An authorised person may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises.
An authorised person may enter premises under subsection (1) with necessary and reasonable assistance and force.
A police officer may help an authorised person in exercising the authorised person’s powers under this section if asked by the authorised person to do so.
To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge.
In this section:
at any reasonable time includes at any time when the public is entitled to use the premises, or when the premises are open to or used by the public (whether or not on payment of money).
This Act’s bill:Explanatory statementSecond reading speech
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