sec.22General power to enter places

sec.22 General power to enter places

An inspector may enter a place if— an occupier of the place consents under division 2 to the entry and section 25 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 32 has been complied with for the occupier; or it is a place of business that is regulated under a primary Act and is— open for carrying on the business; or otherwise open for entry; or required to be open for inspection under the primary Act. 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of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.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, the re-entry is subject to the terms of the warrant. For this section, a place of business is regulated under a primary Act if— the person who carries on business at the place holds, or is required to hold, an authority under the primary Act to carry on the business; or the place of business is, or is required to be, mentioned in an authority under the primary Act. In this section— authority , under a primary Act, means a licence, registration, permit or other authority, however called, issued under the primary Act. (sec.22-ssec.1) An inspector may enter a place if— an occupier of the place consents under division 2 to the entry and section 25 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 32 has been complied with for the occupier; or it is a place of business that is regulated under a primary Act and is— open for carrying on the business; or otherwise open for entry; or required to be open for inspection under the primary Act. (sec.22-ssec.2) For subsection (1) (d) , a place of business does not include a part of the place where a person resides. (sec.22-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.22-ssec.4) If the power to enter is under a warrant, the power is subject to the terms of the warrant. (sec.22-ssec.5) The consent may provide consent for re-entry and is subject to the conditions of consent. (sec.22-ssec.6) If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant. (sec.22-ssec.7) For this section, a place of business is regulated under a primary Act if— the person who carries on business at the place holds, or is required to hold, an authority under the primary Act to carry on the business; or the place of business is, or is required to be, mentioned in an authority under the primary Act. (sec.22-ssec.8) In this section— authority , under a primary Act, means a licence, registration, permit or other authority, however called, issued under the primary Act.