16Places used for residential purposes

16 Places used for residential purposes (1) Despite anything else in this Part, the powers of an inspector under this Part in relation to entering a place are not exercisable in respect of any part of a place that is used only for residential purposes except— (a) with the consent of the occupier for the time being of the place; or (b) under the authority conferred by a search warrant. (2) For the purposes of subsection (1), any common property in a subdivision of land is not a place used only for residential purposes. **Examples:** Examples of common property include a storeroom associated with a swimming pool at an apartment building (at which, for instance, chlorine might be stored); a cleaner's cupboard under the stairs of a block of flats; and a room containing heating or cooling equipment for an apartment building. S. 16(3) inserted by No. 66/2008 s. 10. (3) For the purposes of subsection (1), a place is not being used for residential purposes merely because temporary or casual sleeping or other accommodation is provided in the place for vehicle drivers. **Example** The sleeping area in the rear of a truck's cabin is not a place being used for residential purposes. Pt 2 Div. 7 (Heading and ss 16A, 16B) inserted by No. 31/2005 s. 9.