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s 220

Obligations of authorised officers before entering premises

In force
Volume 1Parts 1 to 10A (sections 1 to 239W)
Part 10Murray‑Darling Basin Authority (special powers)
Division 2Entry onto land etc.
Subdivision BPowers to enter land etc.

220 Obligations of authorised officers before entering premises

(1)

An authorised officer is not authorised to enter premises under section 219 unless:

(a)

the officer has given reasonable written notice to the occupiers of the officer’s intention to enter the premises; and

(b)

if the premises is residential premises—an occupier of the premises has voluntarily consented to the entry; and

(c)

the officer has shown his or her identity card if required by an occupier; and

(d)

the officer has given the occupiers a written statement of the occupiers’ rights and obligations in relation to the officer’s proposed entry on to the premises.

Entry in an emergency or with consent

(2)

Paragraph (1)(a) does not apply:

(a)

in an emergency; or

(b)

if an occupier of the premises voluntarily consents to the authorised officer entering the premises.

Informed consent

(3)

Before obtaining the consent of a person for the purposes of paragraph (1)(b) or (2)(b), the authorised officer must inform the person that he or she may refuse consent.

Withdrawing consent

(4)

If an authorised officer is on premises by consent in accordance with paragraph (1)(b) or (2)(b), the authorised officer must leave the premises if any occupier of the premises asks the authorised officer to do so.

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Water Act 2007 s 220 — Obligations of authorised officers before entering premises (Commonwealth) — Barrister AI