Power to enter premises
25 Power to enter premises
For this Act, an inspector 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 inspector believes on reasonable grounds that—
there is a risk to public safety; and
the risk is so serious and urgent that immediate entry to the premises without the authority of a search warrant is necessary; or
enter premises in accordance with a search warrant.
However—
subsection (1) (a) does not authorise entry into a part of the premises that is being used only for residential purposes; and
subsection (1) (c) does not authorise entry into premises that are used for residential purposes, unless the premises are also the place from which a business subject to a fuel restriction is conducted.
An inspector may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises.
To remove any doubt, an inspector may enter premises under subsection (1) without payment of an entry fee or other charge.
An inspector may—
for subsection (1) (a), (b) or (c)—enter the premises with necessary assistance; and
for subsection (1) (d)—enter the premises with necessary assistance and force.
A search warrant to enter premises, issued under this Act, permits an inspector to enter premises with any necessary assistance and force.
In this section:
necessary assistance, for an inspector entering premises, includes the attendance of 1 or more people who, in the opinion of the inspector, have knowledge or skills that could assist the inspector to carry out the inspector’s function.
This Act’s bill:Explanatory statementSecond reading speech
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