sec.259General power to enter places

### sec.259 General power to enter places An authorised officer may enter a place if— an occupier of the place consents under division 2 to the entry and section 267 has been complied with for the occupier; or it is a public place and the entry is made when it is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 277 has been complied with for the occupier; or it is a place of business that is regulated under this Act and is— open for carrying on the business; or otherwise open for entry; or required under this Act to be open for inspection by an authorised officer; or the entry is authorised under section 260 , 261 , 262 , 263 or 264 . For subsection (1) (d) and (e) , entry to a place does not include entry to a part of the place where a person resides (a residence ) without the person’s consent or a warrant. The following do not form part of a residence— a carport, other than a carport to which access is restricted; the area of a verandah or deck to which access is not restricted and no provision is made to restrict access; the area underneath the residence to which access is not restricted and no provision is made to restrict access; any other external part of the residence, including, for example, the residence’s gutters; land around the residence. If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn. If the power to enter is under a warrant, the power is subject to the terms of the warrant. The consent may provide consent for re-entry and is subject to the conditions of consent. If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant. In this section— regulated under this Act , for a place of business, means— the person who carries on business at the place holds, or is required to hold, an authority under this Act to carry on the business or a particular aspect of the business; or the place of business is, or is required to be, mentioned in an authority under this Act. (sec.259-ssec.1) An authorised officer may enter a place if— an occupier of the place consents under division 2 to the entry and section 267 has been complied with for the occupier; or it is a public place and the entry is made when it is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 277 has been complied with for the occupier; or it is a place of business that is regulated under this Act and is— open for carrying on the business; or otherwise open for entry; or required under this Act to be open for inspection by an authorised officer; or the entry is authorised under section 260 , 261 , 262 , 263 or 264 . (sec.259-ssec.2) For subsection (1) (d) and (e) , entry to a place does not include entry to a part of the place where a person resides (a residence ) without the person’s consent or a warrant. (sec.259-ssec.3) The following do not form part of a residence— a carport, other than a carport to which access is restricted; the area of a verandah or deck to which access is not restricted and no provision is made to restrict access; the area underneath the residence to which access is not restricted and no provision is made to restrict access; any other external part of the residence, including, for example, the residence’s gutters; land around the residence. (sec.259-ssec.4) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn. (sec.259-ssec.5) If the power to enter is under a warrant, the power is subject to the terms of the warrant. (sec.259-ssec.6) The consent may provide consent for re-entry and is subject to the conditions of consent. (sec.259-ssec.7) If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant. (sec.259-ssec.8) In this section— regulated under this Act , for a place of business, means— the person who carries on business at the place holds, or is required to hold, an authority under this Act to carry on the business or a particular aspect of the business; or the place of business is, or is required to be, mentioned in an authority under this Act. - (a) an occupier of the place consents under division 2 to the entry and section 267 has been complied with for the occupier; 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 under a warrant and, if there is an occupier of the place, section 277 has been complied with for the occupier; or - (d) it is a place of business that is regulated under this Act and is— (i) open for carrying on the business; or (ii) otherwise open for entry; or (iii) required under this Act to be open for inspection by an authorised officer; or - (i) open for carrying on the business; or - (ii) otherwise open for entry; or - (iii) required under this Act to be open for inspection by an authorised officer; or - (e) the entry is authorised under section 260 , 261 , 262 , 263 or 264 . - (i) open for carrying on the business; or - (ii) otherwise open for entry; or - (iii) required under this Act to be open for inspection by an authorised officer; or - (a) a carport, other than a carport to which access is restricted; - (b) the area of a verandah or deck to which access is not restricted and no provision is made to restrict access; - (c) the area underneath the residence to which access is not restricted and no provision is made to restrict access; - (d) any other external part of the residence, including, for example, the residence’s gutters; - (e) land around the residence. - (a) the person who carries on business at the place holds, or is required to hold, an authority under this Act to carry on the business or a particular aspect of the business; or - (b) the place of business is, or is required to be, mentioned in an authority under this Act.