36Auditor may enter a building, an area of a building or an associated place by consent or under warrant

36 Auditor may enter a building, an area of a building or an associated place by consent or under warrant

(1) An auditor may exercise the powers under this section for the purpose of determining whether an accredited assessor has properly applied the assessment methods and standards determined under section 21 for the purposes of working out a proposed energy efficiency rating or performing a lighting energy efficiency assessment for a building or an area of a building. (2) The auditor may: (a) enter the building or area, and any place associated with the building or area (an associated place); and (b) exercise the monitoring powers set out in section 37. (3) However, an auditor is not authorised to enter a building, an area or an associated place unless: (a) the occupier of the building, area or associated place has consented to the entry and the auditor has shown his or her identity card if required by the occupier; or (b) the entry is made under a monitoring warrant.

Note: If entry to a building, an area or an associated place is with the occupier’s consent, the auditor must leave the building, area or associated place if the consent ceases to have effect: see section 40.