Housing Improvement Act 2016

Subject to this section, an authorised officer may, for any reasonable purpose connected with the administration or enforcement of this

Act—

enter the premises for the purposes of carrying out an inspection of the premises, provided that—

if the authorised officer believes on reasonable grounds that the premises pose or may pose an imminent risk of death or serious injury or illness to occupiers of the premises—the owner or occupier is notified prior to the proposed entry; or

in any other case—at least 5 working days notice is given to the owner or occupier of the proposed entry (or such shorter period as may be requested or consented to by the owner or occupier); and

during the course of the inspection—

ask questions of any person found in the premises;

and

inspect any article or substance found in the premises;

and

take and remove samples of any substance or other thing found in the premises; and

require any person to produce any plans, specifications, books, papers or documents; and

examine, copy and take extracts from any plans, specifications, books, papers or documents; and

take photographs, films or video recordings; and

take measurements, make notes and carry out tests;

and

remove any article that may constitute evidence of the commission of an offence against this Act; and

require any person to answer any question that may be relevant to the administration or enforcement of this Act.

An authorised officer's powers under subsection (1) are qualified as follows:

the authorised officer must not exercise the power of entry in relation to residential premises unless there are reasonable grounds to believe that the premises—

are or may be unsafe or unsuitable for human habitation;

or

are occupied under a residential tenancy agreement;

if, after entering residential premises, the authorised officer forms the view that the premises are not unsafe or unsuitable for human habitation, the officer must leave the premises immediately.

In the exercise of powers under this Act, an authorised officer may be accompanied by such assistants as may be necessary or desirable in the circumstances.

An authorised officer may use reasonable force to enter any residential premises—

on the authority of a warrant issued by a magistrate;

or

if the officer believes, on reasonable grounds, that the circumstances require immediate action to be taken.

A magistrate must not issue a warrant under subsection (4) unless satisfied—

that there are reasonable grounds to suspect that an offence against this Act has been, is being, or is about to be, committed;

or

that the warrant is reasonably required in the circumstances.

If an authorised officer is inspecting residential premises under this section, the person in charge of the premises must provide such assistance as the authorised officer reasonably requires to facilitate the inspection.

A person who—

hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of a power under this section;

or

having been asked a question under this section, does not answer the question to the best of his or her knowledge, information and belief;

or

being the person in charge of premises subject to an inspection and having been required to provide reasonable assistance to facilitate the inspection, refuses or fails to provide such assistance, is guilty of an offence. Maximum penalty: Maximum penalty: $5 000.

Despite any preceding provision of this section, a person is excused from answering a question or providing information or a document under this section on the ground that the answer to the question, or the information or document, may tend to incriminate that person or expose that person to a penalty.