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Biosecurity Act 2014
sec.271Entry of place under ss 263 and 264
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### sec.271 Entry of place under ss 263 and 264
This section applies to the issuing authority by its employees or agents, or an authorised officer, intending to enter a place under section 263 or 264 .
The person must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry.
See division 2 .
The person may enter the place if—
the person is unable to locate an occupier after making a reasonable attempt to do so; or
the occupier refuses to consent to the entry.
If, after the person enters the place under subsection (3) (a) , the person finds an occupier present at the place, or if the occupier refuses to consent to the entry, the person must make reasonable attempts to—
either—
if the person is an employee or agent of the issuing authority—produce the issuing authority’s written authority to enter the place, and sufficient evidence to identify the person as a person who may enter under the authority, for the occupier’s inspection; or
if the person is an authorised officer—produce the authorised officer’s identity card for the occupier’s inspection; and
inform the occupier—
of the reason for entering the place; and
that the person is authorised under this Act to enter the place without the permission of the occupier.
See, however, the restrictions on entry under section 259 (2) .
If the person does not find an occupier present at the place, the person must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry.
(sec.271-ssec.1) This section applies to the issuing authority by its employees or agents, or an authorised officer, intending to enter a place under section 263 or 264 .
(sec.271-ssec.2) The person must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry. See division 2 .
(sec.271-ssec.3) The person may enter the place if— the person is unable to locate an occupier after making a reasonable attempt to do so; or the occupier refuses to consent to the entry.
(sec.271-ssec.4) If, after the person enters the place under subsection (3) (a) , the person finds an occupier present at the place, or if the occupier refuses to consent to the entry, the person must make reasonable attempts to— either— if the person is an employee or agent of the issuing authority—produce the issuing authority’s written authority to enter the place, and sufficient evidence to identify the person as a person who may enter under the authority, for the occupier’s inspection; or if the person is an authorised officer—produce the authorised officer’s identity card for the occupier’s inspection; and inform the occupier— of the reason for entering the place; and that the person is authorised under this Act to enter the place without the permission of the occupier. See, however, the restrictions on entry under section 259 (2) .
(sec.271-ssec.5) If the person does not find an occupier present at the place, the person must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry.
- (a) the person is unable to locate an occupier after making a reasonable attempt to do so; or
- (b) the occupier refuses to consent to the entry.
- (a) either— (i) if the person is an employee or agent of the issuing authority—produce the issuing authority’s written authority to enter the place, and sufficient evidence to identify the person as a person who may enter under the authority, for the occupier’s inspection; or (ii) if the person is an authorised officer—produce the authorised officer’s identity card for the occupier’s inspection; and
- (i) if the person is an employee or agent of the issuing authority—produce the issuing authority’s written authority to enter the place, and sufficient evidence to identify the person as a person who may enter under the authority, for the occupier’s inspection; or
- (ii) if the person is an authorised officer—produce the authorised officer’s identity card for the occupier’s inspection; and
- (b) inform the occupier— (i) of the reason for entering the place; and (ii) that the person is authorised under this Act to enter the place without the permission of the occupier. Note— See, however, the restrictions on entry under section 259 (2) .
- (i) of the reason for entering the place; and
- (ii) that the person is authorised under this Act to enter the place without the permission of the occupier. Note— See, however, the restrictions on entry under section 259 (2) .
- (i) if the person is an employee or agent of the issuing authority—produce the issuing authority’s written authority to enter the place, and sufficient evidence to identify the person as a person who may enter under the authority, for the occupier’s inspection; or
- (ii) if the person is an authorised officer—produce the authorised officer’s identity card for the occupier’s inspection; and
- (i) of the reason for entering the place; and
- (ii) that the person is authorised under this Act to enter the place without the permission of the occupier. Note— See, however, the restrictions on entry under section 259 (2) .