43Power to inspect premises

43 Power to inspect premises

(1)  An authorised officer may, for compliance purposes, inspect premises to which this Division applies.

(2)  The officer may enter the premises for the purpose of conducting the inspection.

(3)  Without limiting the above, the officer may inspect, or enter and inspect, any vehicle at the premises.

(4)  Before an authorised officer enters premises (not being a public place) under this section, the officer must give the occupier of the premises reasonable notice of the intention to enter unless –

(a) the officer believes on reasonable grounds that the giving of the notice would defeat the purpose for which it is intended to enter the premises; or

(b) entry to the premises is made with the consent of the occupier of the premises; or

(c) the officer believes on reasonable grounds that entry is required as there is an immediate risk to safety because of the carrying out of an operation at the premises in respect of dangerous goods; or

(d) entry is authorised by a warrant.

(5)  This section does not authorise, without consent, the entry or inspection of –

(a) premises that are apparently unattended, unless the officer believes on reasonable grounds that the premises are not unattended; or

(b) premises that are, or any part of premises that is, used predominantly for residential purposes.

(6)  Without limiting the above, the power to inspect premises under this section includes any or all of the following:

(a) the power to inspect and take copies of or extracts from any records located at the premises and required to be kept by or under the regulations;

(b) the power to check the existence of and inspect any devices (including weighing, measuring, recording or monitoring devices) required to be installed, used or maintained by or under the regulations, and to inspect and take copies of or extracts from any readout or other data obtained from any such device;

(c) the power to use photocopying equipment on the premises free of charge for the purpose of copying any records or other material;