43Power to enter any premises with consent

43 Power to enter any premises with consent

(1) The Inspector may enter any premises for the purpose of exercising a power set out in section 45 in any area, other than a private living area within a security regulated offshore facility, if the controller of the premises consents to the entry for the purpose of exercising the power. (2) The Inspector may enter a security regulated offshore facility for the purpose of exercising a power set out in section 45 in a private living area of the facility if both: (a) the offshore facility operator for the facility; and (b) any person or persons who occupy the private living area; consent to the entry for the purposes of exercising the power. (3) The Inspector may only exercise the power in that area if the Inspector is accompanied by the offshore facility operator for the facility or a person nominated by the offshore facility operator. (4) Before obtaining consent from a person under this section, the Inspector must inform the person that he or she may refuse consent, or withdraw consent at any time. The Inspector must leave the premises or the area if the consent is withdrawn. (5) A consent of a person is not effective for the purposes of this section unless the consent is voluntary. (6) A person mentioned in subsection (1) or (2) does not commit an offence if the person refuses to allow the Inspector to enter, or remain on, the premises.