50Powers of authorised officers to enter premises

50 Powers of authorised officers to enter premises

(1)  If an authorised officer reasonably believes that entry into premises is necessary for an authorised purpose, the authorised officer may enter the premises –

(a) in an emergency, at any time; and

(b) in any other case, at any reasonable time.

(2)  A function conferred by this Act that authorises entry into premises authorises entry –

(a) on foot, by vehicle, vessel or aircraft, or by any other reasonable means; and

(b) by drone or other pilotless vehicle or equipment under remote control.

(3)  Entry into any premises authorised under this Act may be effected –

(a) only with the use of reasonable force; and

(b) subject to subsection (4), with or without the authority of a warrant.

(4)  Despite subsection (3) , nothing in this section authorises entry into any part of residential premises, other than –

(a) with the consent of the occupier of the residential premises; or

(b) under the authority of a warrant; or

(c) in an emergency, if the Secretary has given notice to the occupier of the residential premises under section 174(4) , section 188(5) or section 197(4) before the authorised officer is to enter the residential premises.

(5)  For the purposes of subsection (4)(a) , an occupier of residential premises is taken to have consented to an authorised officer entering the residential premises in an emergency if –

(a) at least 48 hours before the authorised officer intends to enter the residential premises, the authorised officer has given written notice of that intention to the occupier; and

(b) the occupier does not respond to the authorised officer, in respect of that written notice, before the authorised officer intends to enter the residential premises as notified.