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COMMONWEALTHAct
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s 45

Notification and announcement of entry

In force
Part 4Compliance and enforcement
Division 2Monitoring

45 Notification and announcement of entry

(1)

An inspector may enter a monitoring area under section 40 without prior notice to any person.

(2)

Before entering the monitoring area, the inspector must:

(a)

announce that the inspector is authorised to enter the monitoring area under section 40; and

(b)

show the inspector’s identity card to a relevant person in relation to the monitoring area; and

(c)

give the relevant person an opportunity to allow entry to the monitoring area.

Note:

For the definition of relevant person in relation to a monitoring area, see subsection 5(1).

(3)

However, an inspector is not required to comply with subsection (2) if the inspector reasonably believes that immediate entry to the monitoring area is required to ensure the safety of an individual.

(4)

If:

(a)

an inspector does not comply with subsection (2) because of subsection (3); and

(b)

a relevant person in relation to the monitoring area is present in the monitoring area;

the inspector must show the inspector’s identity card to the relevant person as soon as practicable after entering the monitoring area.

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