Investigator's power to enter premises
7 Investigator's power to enter premises
Subject to this clause, for the purpose of carrying out an investigation, an investigator may enter and remain on premises to exercise the powers in clause 9.
In the case of a trust account investigation—
the investigator may enter premises, other than residential premises, without the need for consent or a search warrant; and
the investigator may only enter residential premises as follows:
the investigator may enter the premises at any time with the consent of the occupier;
the investigator may enter the premises under the authority of a search warrant issued under this Part;
the investigator may enter the premises at any time without the consent of the occupier and without a warrant, but only if the investigator believes, on reasonable grounds, that it is urgently necessary to do so in order to prevent the destruction of or interference with relevant material.
In the case of a complaint investigation, the investigator may only enter premises as follows:
the investigator may enter the premises at any time with the consent of the occupier;
the investigator may enter the premises under the authority of a search warrant issued under this Part.
The investigator must not exercise the power in subclause (2)(b)(iii) unless the Society has, when appointing the investigator, authorised the use of that power.
An investigator may use reasonable force for the purposes of entering premises under subclause (2)(a) or (2)(b)(iii).
The investigator must, at the reasonable request of a person apparently in charge of the premises or any other person on the premises, produce evidence of his or her appointment.
Maximum penalty: $2 500.
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