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s 48

Power to enter premises

In force
Part 6Enforcement
Division 6.3Powers of authorised people

48 Power to enter premises

(1)

For this Act, an authorised person may—

(a)

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

(b)

at any time, enter premises with the occupier’s consent; or

(c)

enter premises in accordance with a search warrant.

(2)

For the purpose of checking the accuracy of a return under section 9 (Returns for stock levy), an authorised person may, at any reasonable time, enter premises if the authorised person believes, on reasonable grounds, that there is stock, or any documents relevant to the return at the premises.

(3)

However, subsection (1) (a) or (2) does not authorise entry into a part of premises that is being used only for residential purposes.

(4)

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.

(5)

To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge.

(6)

In this section:

at any reasonable time includes at any time—

(a)

for subsection (1) (a)—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); and

(b)

for subsection (2)—during normal business hours.

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