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s 76

Entry

In force
Part 5Inspection and analysis
Division 5.2Authorised officers’ powers

76 Entry

(1)

Where an authorised officer has reasonable grounds for believing that it is necessary to do so for the purposes of this Act, the officer may, using such reasonable force and assistance as is necessary—

(a)

if the officer has reasonable grounds for believing a public health risk activity to be carried on, or a public health risk procedure to be performed, at any place—

(i)

enter the place at any reasonable time; or

(ii)

enter the place at any time with the consent of the occupier, or pursuant to a warrant issued under section 80 or 81;

(b)

for any other place—enter the place at any time with the consent of the occupier, or in accordance with a warrant issued under section 80 or section 81.

(2)

Where an authorised officer has reasonable grounds for believing that it is necessary to do so for the purposes of this Act, the officer may, using such reasonable force and assistance as is necessary—

(a)

enter any place at any reasonable time if the officer has reasonable grounds for believing that entry is necessary to deal with a serious public health risk; or

(b)

enter any place at any time if the officer has reasonable grounds for believing that the circumstances are of such seriousness or urgency as to require immediate entry to the place without the authority of a warrant.

(3)

An authorised officer who enters a place pursuant to subsection (1) or (2) is not entitled to remain at the place if, on request by the occupier, the authorised officer does not produce the officer’s identity card, and, unless the authorised officer is the chief health officer, the officer’s authorisation, to the occupier.

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