Biodiscovery Act 2004
sec.68Power to enter places
Start here
Get a plain-English read of sec.68
Turn the raw legal text into a practical explanation grounded in Biodiscovery Act 2004.
sec.68 Power to enter places
Subject to section 74 (2) , an inspector may enter a place if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or it is a person’s place of business stated in the person’s collection authority and is— open for carrying on the business; or otherwise open for entry; or required to be open for inspection under the authority; or it is a biodiscovery entity’s place of business stated in a benefit sharing agreement to which the entity is a party and is— open for carrying on the business; or otherwise open for entry; or required to be open for inspection under the agreement. For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. For subsection (1) (d) , a place of business does not include a part of the place where a person resides. (sec.68-ssec.1) Subject to section 74 (2) , an inspector may enter a place if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or it is a person’s place of business stated in the person’s collection authority and is— open for carrying on the business; or otherwise open for entry; or required to be open for inspection under the authority; or it is a biodiscovery entity’s place of business stated in a benefit sharing agreement to which the entity is a party and is— open for carrying on the business; or otherwise open for entry; or required to be open for inspection under the agreement. (sec.68-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. (sec.68-ssec.3) For subsection (1) (d) , a place of business does not include a part of the place where a person resides.
- (a) its occupier consents to the entry; or
- (b) it is a public place and the entry is made when it is open to the public; or
- (c) the entry is authorised by a warrant; or
- (d) it is a person’s place of business stated in the person’s collection authority and is— (i) open for carrying on the business; or (ii) otherwise open for entry; or (iii) required to be open for inspection under the authority; or
- (i) open for carrying on the business; or