87Powers of entry—compliance

87 Powers of entry—compliance

S. 87(1) amended by No. 13/2025 s. 82(Sch. 2 item 6).

(1) An authorised officer may exercise powers under this section only to the extent that is reasonably necessary to do so for the purpose of—

(a) investigating a gas incident; or

S. 87(1)(b) amended by No. 91/2000 s. 33(1).

(b) determining compliance with a safety case; or

S. 87(1)(c) inserted by No. 91/2000 s. 33(1).

(c) monitoring the safety of gas installations; or

S. 87(1)(d) inserted by No. 91/2000 s. 33(1).

(d) determining compliance with this Act or the regulations.

S. 87(1A) inserted by No. 91/2000 s. 33(2), amended by No. 39/2005 s. 52(Sch. 2 item 2), repealed by No. 13/2025 s. 54(2).

S. 87(2) amended by Nos 91/2000 s. 33(3), 13/2025 s. 82(Sch. 2 item 6).

(2) Subject to subsection (2A), an authorised officer may enter any residence or the land on which a residence is situated if—

S. 87(2)(a) amended by No. 13/2025 s. 82(Sch. 2 item 6).

(a) the authorised officer gives the occupier not less than 24 hours notice, or such other notice as may be agreed with the occupier, before the authorised officer enters the land or residence; and

(b) the occupier consents in writing to that entry; and

(c) the entry occurs only between 8 a.m. and 6 p.m., unless the occupier consents in writing to entry outside those hours.

S. 87(2A) inserted by No. 91/2000 s. 33(4), amended by No. 13/2025 ss 54(3), 82(Sch. 2 item 6).

(2A) An authorised officer may not, for a purpose set out in subsection (1)(c), enter—

(a) a residence; or

(b) land (other than land that is used for a commercial or industrial purpose) on which a residence is situated.

S. 87(3) amended by No. 13/2025 s. 82(Sch. 2 item 6).

(3) An authorised officer may enter any other land or premises during normal business hours.

S. 87(4) amended by No. 13/2025 s. 82(Sch. 2 item 6).

(4) In carrying out an inspection under this section, an authorised officer must—

(a) cause as little harm and inconvenience or damage as possible; and

(b) not remain on the land or premises any longer than is reasonably necessary; and

(c) leave the land or premises as nearly as possible in the same condition as it was found prior to the inspection being carried out.

S. 87(5) amended by No. 13/2025 s. 82(Sch. 2 item 7).

(5) An authorised officer may not exercise any powers under this section if the authorised officer fails to produce, on request, the authorised officer's identity card for inspection by the occupier of the land or premises.