Compliance checks at regulated person’s business premises, powers for
88E Compliance checks at regulated person’s business premises, powers for
This section does not apply to the extent that the purpose of exercising a power under subsection (1) is in relation to a regulated activity carried on by a regulated person under the Charitable Collections Act 1946 or the Short‑Term Rental Accommodation Act 2024.
An authorised person may, for all or any of the purposes listed in subsection (2) —
during normal business hours, enter premises where the business of a regulated person is being carried on, without obtaining a warrant under section 74; and
exercise the powers in sections 69, 79 and 87 once entry is made.
The purposes referred to in subsection (1) are as follows —
to determine whether or not a regulated person is or has been complying with the conditions, if any, of their authorisation;
to determine whether or not a regulated person is or has been complying with the requirements of the registration Act under which he or she holds an authorisation;
to determine whether or not a regulated person is or has been complying with a code of conduct applying to the registered person under a registration Act.
An authorised person may invoke the powers in subsection (1) even though an investigation is not under way in relation to any particular regulated person.
[Section 88E inserted: No. 58 of 2010 s. 8; amended: No. 25 of 2019 s. 28; No. 12 of 2024 s. 54.]
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