Places used for residential purposes
16 Places used for residential purposes
Despite anything else in this Part, the powers of an inspector under this Part in relation to entering a place are not exercisable in respect of any part of a place that is used only for residential purposes except—
with the consent of the occupier for the time being of the place; or
under the authority conferred by a search warrant.
For the purposes of subsection (1), any common property in a subdivision of land is not a place used only for residential purposes.
Examples of common property include a storeroom associated with a swimming pool at an apartment building (at which, for instance, chlorine might be stored); a cleaner's cupboard under the stairs of a block of flats; and a room containing heating or cooling equipment for an apartment building.
S. 16(3) inserted by No. 66/2008 s. 10.
For the purposes of subsection (1), a place is not being used for residential purposes merely because temporary or casual sleeping or other accommodation is provided in the place for vehicle drivers.
Example
The sleeping area in the rear of a truck's cabin is not a place being used for residential purposes.
Pt 2 Div. 7 (Heading and ss 16A, 16B) inserted by No. 31/2005 s. 9.
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