95AWarrant for entry of land or premises if risk to persons or property

95A Warrant for entry of land or premises if risk to persons or property

(1) An authorised officer may apply to a magistrate for the issue of a warrant to enter any land or premises (including residential premises) if the authorised officer suspects on reasonable grounds that—

(a) there is a risk to the safety of any person arising from a situation relating to gas; or

(b) there is a risk of significant damage to property arising from a situation relating to gas; or

(c) a person is not complying, or has not complied, with a direction of the Chairperson under section 106 or 107, and that non‑compliance with the direction may cause—

(i) a risk to the safety of any person; or

(ii) a risk of significant damage to property.

(2) The magistrate may issue a warrant under subsection (1) if the magistrate is satisfied that—

(a) by the evidence, on oath or by affirmation—

(i) there are reasonable grounds to suspect the matters set out in subsection (1)(a) or (b) and that entry is necessary to enable Energy Safe Victoria to use any of its powers under this Act to address the risk or to take immediate steps to make the situation safe; or

(ii) there are reasonable grounds to suspect the matters set out in subsection (1)(c); and

(b) entry is warranted in all the circumstances.

(3) A warrant issued under subsection (2) may authorise an authorised officer named in the warrant to enter the land or premises and exercise any power referred to in section 90(1) in relation to the land or premises.

(4) A warrant issued under subsection (2) must state—

(a) the purpose for which the warrant is required; and

(b) the land or premises that may be entered; and

(c) any conditions to which the warrant is subject; and

(d) whether entry is authorised to be made at any time, or during specified hours, of the day or night; and

(e) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.