Power of entry
70A Power of entry
Subject to subsection (2), if the Inspector-General for Emergency Management reasonably believes it is necessary for the purposes of enabling the Inspector-General for Emergency Management to perform any function or exercise any power under this Part, the Inspector-General for Emergency Management or any person performing any function or exercising any power on behalf of the Inspector-General for Emergency Management or engaged by the Inspector-General for Emergency Management may—
enter the premises of a relevant agency or a relevant agency's vehicle, vessel or aircraft at any time; and
inspect any document or other thing found at those premises or in that vehicle, vessel or aircraft; and
remain at the premises or in the vehicle, vessel or aircraft and observe the operation of a system, procedure, thing or activity.
The Inspector-General for Emergency Management or a person referred to in subsection (1) may not enter the premises, vehicle, vessel or aircraft of a relevant agency under subsection (1) unless the Inspector-General for Emergency Management or that person—
has in writing requested consent from the relevant agency in relation to the proposed entry; and
has obtained consent from the relevant agency.
Within 7 days after receiving a request for consent under subsection (2)(a), a relevant agency must provide the Inspector-General for Emergency Management or the person requesting consent with a written response to the request for consent.
A relevant agency must not unreasonably refuse to give consent.
If the Inspector-General for Emergency Management reasonably believes that it is urgent that the premises, vehicle, vessel or aircraft of a relevant agency be entered under subsection (1) before the 7 days specified in subsection (3), the Inspector-General for Emergency Management may specify a shorter period within which a response is to be provided under subsection (3).
S. 70B inserted by No. 43/2015 s. 21.
This Act’s bill:Explanatory memorandumSecond reading speech
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