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Business Tenancies (Fair Dealings) Act 2003
108Entry and inspection of property
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108 Entry and inspection of property
(1) The Commissioner may:
(a) enter land or a building; or
(b) authorise, in writing, a person to enter land or a building.
(2) The Commissioner or a person authorised under subsection (1)
may do any of the following:
(a) carry out an inspection the Commissioner considers relevant
to proceedings;
(b) take photographs, including video recordings, or make
sketches or other records of land or a building or things on or
in land or a building;
(c) inspect and take copies of a document as defined in Part 1 of
the Dictionary at the end of the Evidence (National Uniform
Legislation) Act 2011; or
(d) open a container, cupboard, box, package or carton to inspect
the contents;
(e) ask questions of a person on the land or request him or her to
provide assistance in carrying out an investigation of the land
or building.
(3) The Commissioner must take reasonable steps to ensure that:
(a) at least 24 hours notice of a proposed inspection under
subsection (1) is given to the landlord and the tenant; and
(b) an inspection carried out under subsection (1) takes place at a
time and in circumstances that are as convenient as
practicable for the Commissioner, the landlord and the tenant.
(4) A person must not obstruct the Commissioner or a person
authorised by the Commissioner in exercising a power of entry or
inspection under this Act.
Business Tenancies (Fair Dealings) Act 2003 68