148WEntry and search of certain premises for serious fire threat

148W Entry and search of certain premises for serious fire threat

S. 148W(1) amended by No. 37/2014 s. 10(Sch. item 96.31).

(1) A fire safety inspector may enter, at any time without prior notice that part of any premises that is—

(a) licensed premises; or

(b) in close proximity to licensed premises—

(with the assistance, if necessary, of a police officer) if he or she suspects on reasonable grounds that there is a serious fire threat to those premises.

A part of the premises that is in close proximity to the licensed premises include an area used for the management or operation of the business such as a kitchen or storage area.

(2) On entering the premises under subsection (1), the fire safety inspector may do all or any of the following—

(a) search, examine and make enquires at the premises;

(b) search and examine any thing including a document, record, equipment or thing found during the search which the fire safety inspector reasonably believes may assist in determining if there is a serious fire threat;

(c) make copies of any document;

(d) make a sketch or any still or moving image or audio-visual recording of any equipment or thing found during the search.

(3) If a fire safety inspector exercises a power of entry under this section, the fire safety inspector must, on leaving the premises, leave a notice setting out—

(a) the time of entry; and

(b) the purpose of entry; and

(c) the time of departure; and

(d) the procedure for contacting the fire safety inspector for further details of the entry.

(4) A fire safety inspector must not exercise a power under this section in any part of a premises that is used for residential purposes.

S. 148X inserted by No. 64/2010 s. 7.