Heritage Act 2017

An inspector or a person authorised by the Heritage Council may apply to a magistrate for an order permitting entry to a residence other than a registered place for the purposes of investigating the cultural heritage significance of the residence or an object at the residence if—

the occupier of the residence refuses to give written consent to entry under section 201(4); or

after reasonable efforts by the inspector or authorised person to locate the occupier, the inspector or authorised person is satisfied the residence is unoccupied.

An inspector or authorised person must serve a copy of an application under subsection (1) on the occupier of the residence at least 14 days before the day for hearing the application.

A magistrate may make an order under this section if the magistrate is satisfied—

by evidence on oath, whether oral or by affidavit, of the matters set out in subsection (1); and

that entry is warranted in all the circumstances.

An order under this section—

must state a day up to 28 days after the making of the order on which the order ceases to have effect; and

may authorise an inspector or authorised person named in the order and any assistants the inspector or authorised person considers necessary to enter the residence described in the order.

An order made under this section has effect and may be enforced as if it were an order or judgment made by the Magistrates' Court under the Magistrates' Court Act 1989.