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s 223

Entry power

In force
Chapter 8Authorised persons
Part 2Entry to places
Division 1Power to enter

223 Entry power

(1)

An authorised person may enter a place if—

(a)

it is a public place and the entry is made when the place is open to the public; or

(b)

an occupier of the place consents under division 2 to the entry; or

(c)

the place is apparently vacant or unoccupied and the authorised person has made reasonable attempts to contact the owner or an occupier of the place to seek consent to the entry.

(2)

For the purpose of asking an occupier of a place for consent to enter, an authorised person may, without the occupier’s consent—

(a)

enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)

enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.

(3)

Subsection (1)(c) does not authorise an authorised person to enter a part of the place where a person apparently resides.

(4)

In this section—

public place means—

(a)

a place, or part of the place—

(i)

the public is entitled to use and that is open to members of the public or is used by the public, whether or not on payment of money; or

(ii)

the occupier of which allows members of the public to enter, whether or not on payment of money; or

(b)

a place that is a public place under another Act.

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