Searches to monitor compliance with Part 5 or 6—occupier consents
235 Searches to monitor compliance with Part 5 or 6—occupier consents
Subject to this section, an authorised officer may, to the extent that it is reasonably necessary for the purpose of ascertaining whether Part 5 or 6 has been or is being complied with, enter any airport premises and exercise monitoring powers at any time during the day or night.
Airport premises is defined by section 239.
Monitoring powers is defined by section 238.
An authorised officer may not, under subsection (1), enter any airport premises unless the occupier of the airport premises has consented to the entry.
An authorised officer is not entitled to exercise any powers under subsection (1) in relation to airport premises if:
the occupier of the airport premises has required the authorised officer to produce his or her identity card for inspection by the occupier; and
the authorised officer fails to comply with the requirement.
Before obtaining the consent of a person for the purposes of this section, the authorised officer must inform the person that he or she may refuse to give consent.
An entry by an authorised officer by virtue of the consent of a person is not lawful unless the person voluntarily consented to the entry.
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