54AEntry and inspection of a place when open to the public

54A Entry and inspection of a place when open to the public

An authorised officer may enter and inspect a place that is, at the time of entry, open to the public.

S. 54AB inserted by No. 22/2022 s. 10.

54AB Power to stop, enter and inspect vehicles, vessels and aircraft

(1) An authorised officer may at any reasonable time stop any vehicle, vessel or aircraft the authorised officer reasonably believes or suspects is, has been or may be—

(a) used to transport, keep or store any—

(i) chemical product, fertiliser or stock food; or

(ii) contaminated stock or agricultural produce; or

(iii) stock or plants from which contaminated agricultural produce is likely to be derived; or

(b) used for agricultural spraying.

(2) An authorised officer may at any reasonable time enter and inspect—

(a) a vehicle, vessel or aircraft stopped under subsection (1); or

(b) any other vehicle, vessel or aircraft the authorised officer reasonably believes or suspects is, has been or may be used for a purpose described in subsection (1)(a) or (b).

(3) If an authorised officer stops a vehicle, vessel or aircraft under subsection (1) but considers that it is not safe or practical to enter or inspect it, the authorised officer may require the driver or person in charge of the vehicle, vessel or aircraft to present it at some other reasonable time and place for inspection by an authorised officer.

S. 54AC inserted by No. 22/2022 s. 10.

54AC Announcement on entry

(1) Immediately on entering a place, vehicle, vessel or aircraft under this Division, an authorised officer must take all reasonable steps to notify the occupier or apparent occupier of the place, or the driver or person in charge of the vehicle, vessel or aircraft, of the entry and produce the authorised officer's identity card for inspection by that person.

(2) If the occupier, apparent occupier, driver or person in charge is not present when an authorised officer exercises a power of entry under this Division, the authorised officer must, on leaving the place, vehicle, vessel or aircraft, leave a notice setting out—

(a) the time of entry; and

(b) the purpose of entry; and

(c) a description of all things done while at the place or in the vehicle, vessel or aircraft; and

(d) the time of departure; and

(e) the authorised officer's name and contact details.

(3) An authorised officer is not required to comply with subsection (1) or (2) if—

(a) in the case of subsection (2), the authorised officer reasonably believes that the place is open to the public and that it would be impracticable to leave a notice at the place; or