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s 90

Investigator’s power to enter places for investigations

In force
Part 7Investigations
Division 2Investigations under tax laws
Subdivision 3Entry of places

90 Investigator’s power to enter places for investigations

(1)

An investigator may enter a place if—

(a)

its occupier consents to the entry; or

(b)

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

(c)

it is a place used for conducting an enterprise and the entry is made when—

(i)

the enterprise is being conducted; or

(ii)

the place is otherwise open for entry; or

(d)

the entry is authorised by warrant.

(2)

For the purpose of asking the occupier of a place for consent to enter, an investigator may, without the occupier’s consent or a warrant—

(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 investigator reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.

(3)

For subsection (1)(c), a place used for conducting an enterprise does not include a part of the place where a person resides.

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