Human Services (Medicare) Act 1973

Subject to this Division, if an authorised officer has reasonable grounds for believing that a relevant offence or relevant civil contravention is being committed, or has been committed, he or she may:

with the consent of the occupier, enter, at any reasonable time of the day or night, any premises that the authorised officer has reasonable grounds to believe are premises to which this section applies; and

exercise his or her powers under section 8V;

If the occupier does not consent to entry under subsection (1), an authorised officer must not enter the premises without a search warrant.

The authorised officer must not under subsection (1) enter premises that are a residence unless the occupier of the premises has consented to the entry.

In deciding the extent to which it is reasonably necessary to enter premises under subsection (1), an authorised officer must consider whether it is practicable to ascertain whether the relevant offence or relevant civil contravention in question has been or is being committed by:

the authorised officer entering the premises with the occupier’s consent; or

the occupier giving information without the authorised officer entering the premises.

This section applies to premises at which activities have been or are being carried out that are associated with:

rendering services in respect of which medicare benefits or dental benefits have been paid or may be payable; or

the prescription for the supply of, or the supply of, pharmaceutical benefits.

In exercising any power under this section an authorised officer must, as soon as practicable, give the occupier of the premises a copy of the relevant instrument made by the Chief Executive Medicare under subsection 8L(1).