sec.52General power to enter places

sec.52 General power to enter places

An enforcement officer may enter a place if— an occupier of the place consents under subdivision 2 to the entry and section 55 has been complied with for the occupier; or it is a public place and the entry is made when it is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 62 has been complied with for the occupier; or it is mentioned in an environmental offset agreement as the place of business of an entity that is a party to the agreement and is— open for carrying on the business; or otherwise open for entry. For subsection (1) (d) , a place of business does not include a part of the place where a person resides. If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn. If the power to enter is under a warrant, the power is subject to the terms of the warrant. The consent may provide consent for re-entry and is subject to the conditions of consent. If the power to re-enter is under a warrant, re-entry is subject to the terms of the warrant. (sec.52-ssec.1) An enforcement officer may enter a place if— an occupier of the place consents under subdivision 2 to the entry and section 55 has been complied with for the occupier; or it is a public place and the entry is made when it is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 62 has been complied with for the occupier; or it is mentioned in an environmental offset agreement as the place of business of an entity that is a party to the agreement and is— open for carrying on the business; or otherwise open for entry. (sec.52-ssec.2) For subsection (1) (d) , a place of business does not include a part of the place where a person resides. (sec.52-ssec.3) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn. (sec.52-ssec.4) If the power to enter is under a warrant, the power is subject to the terms of the warrant. (sec.52-ssec.5) The consent may provide consent for re-entry and is subject to the conditions of consent. (sec.52-ssec.6) If the power to re-enter is under a warrant, re-entry is subject to the terms of the warrant.

• (a) an occupier of the place consents under subdivision 2 to the entry and section 55 has been complied with for the occupier; or
• (b) it is a public place and the entry is made when it is open to the public; or
• (c) the entry is authorised under a warrant and, if there is an occupier of the place, section 62 has been complied with for the occupier; or
• (d) it is mentioned in an environmental offset agreement as the place of business of an entity that is a party to the agreement and is— (i) open for carrying on the business; or (ii) otherwise open for entry.