Burial and Cremation Act 2019

For the purpose of ascertaining whether there is, or has been, a contravention of this Act, an authorised officer may enter – any place or premises that are, have been or may be used for, or in connection with, a regulated business or any cemetery or crematorium; or any other place or premises in which the authorised officer has reason to believe records relating to a regulated business, cemetery or crematorium are kept.

An authorised officer may only enter a regulated business, cemetery, crematorium, or another place or premises under subsection (1) – at a reasonable time; and after providing reasonable notice to the person carrying on the regulated business, the cemetery manager, the crematorium manager or the person responsible for the management of the other place or premises.

Despite subsections (1) and (2), an authorised officer may only enter, under subsection (1), part of a place, or premises, in which a person ordinarily resides if the authorised officer – is authorised to so enter by a warrant issued by a justice of the peace; or is given permission to enter by the occupier of the residence.

On entering and on leaving the place or premises, an authorised officer must ensure that they are as effectively secured against trespassers as the authorised officer found them.

An authorised officer may use reasonable force to enter on land or enter a building or structure on land – if the force used is authorised by a warrant issued by a justice of the peace; or if the officer believes, on reasonable grounds, that the circumstances require immediate action to be taken.

A justice of the peace must not issue a warrant authorising the use of force under subsection (5) unless satisfied, on information given on oath – 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.