sec.85Exercise of power of entry

### sec.85 Exercise of power of entry A categorisation officer may enter private property under this division only— with the permission of the occupier of the property; or to ask the occupier of the property for permission to stay on the property to exercise the powers under this division; or with, and in accordance with, a warrant. Subject to subsection (7) , section 129 , other than subsections (2) (b) and (4) (a) (ii) , of the Act (the applied provision ) applies to a categorisation officer for entering private property under subsection (1) (a) or (b) . Subject to subsections (4) and (7) , sections 130 , other than subsections (5) and (6) (a) , and 131 of the Act (also the applied provisions ) apply to a categorisation officer for entering private property under subsection (1) (c) . However, a magistrate may issue a warrant for entering private property under this division only if— the magistrate is satisfied— the warrant is sought for entering the property for a proper purpose; and the occupier of the property has unreasonably refused a request for permission to enter the property under section 129 (2) of the Act as applied under subsection (2) ; and the warrant states the purpose for which it is issued. For subsection (4) (a) (i) , a proper purpose is to enable any of the following to happen— the rating categories into which rateable land in a local government area is to be categorised to be decided; a description for each of the rating categories to be decided; the rating category for a parcel of rateable land to be identified; an objection against the categorisation of rateable land to be decided. Subject to subsection (7) , sections 126 , 136 and 137 of the Act (also the applied provisions ) apply to a categorisation officer for entering private property under this division. The applied provisions apply as if— a reference in the applied provisions to an authorised person were a reference to a categorisation officer; and a reference in the applied provisions, other than section 137 of the Act , to a Local Government Act were a reference to this division; and a reference in the applied provisions to the powers under the Act were a reference to the powers under this division; and a reference in the applied provisions to the powers or action under chapter 5 , part 2 , division 1 of the Act were a reference to the powers or action under this division. sections 126 (Producing authorised person’s identity card), 129 (Entering private property with, and in accordance with, the occupier’s permission), 130 (Entering private property with, and in accordance with, a warrant), 131 (Warrants—applications made electronically), 136 (Authorised person to give notice of damage) and 137 (Compensation for damage or loss caused after entry) of the Act (sec.85-ssec.1) A categorisation officer may enter private property under this division only— with the permission of the occupier of the property; or to ask the occupier of the property for permission to stay on the property to exercise the powers under this division; or with, and in accordance with, a warrant. (sec.85-ssec.2) Subject to subsection (7) , section 129 , other than subsections (2) (b) and (4) (a) (ii) , of the Act (the applied provision ) applies to a categorisation officer for entering private property under subsection (1) (a) or (b) . (sec.85-ssec.3) Subject to subsections (4) and (7) , sections 130 , other than subsections (5) and (6) (a) , and 131 of the Act (also the applied provisions ) apply to a categorisation officer for entering private property under subsection (1) (c) . (sec.85-ssec.4) However, a magistrate may issue a warrant for entering private property under this division only if— the magistrate is satisfied— the warrant is sought for entering the property for a proper purpose; and the occupier of the property has unreasonably refused a request for permission to enter the property under section 129 (2) of the Act as applied under subsection (2) ; and the warrant states the purpose for which it is issued. (sec.85-ssec.5) For subsection (4) (a) (i) , a proper purpose is to enable any of the following to happen— the rating categories into which rateable land in a local government area is to be categorised to be decided; a description for each of the rating categories to be decided; the rating category for a parcel of rateable land to be identified; an objection against the categorisation of rateable land to be decided. (sec.85-ssec.6) Subject to subsection (7) , sections 126 , 136 and 137 of the Act (also the applied provisions ) apply to a categorisation officer for entering private property under this division. (sec.85-ssec.7) The applied provisions apply as if— a reference in the applied provisions to an authorised person were a reference to a categorisation officer; and a reference in the applied provisions, other than section 137 of the Act , to a Local Government Act were a reference to this division; and a reference in the applied provisions to the powers under the Act were a reference to the powers under this division; and a reference in the applied provisions to the powers or action under chapter 5 , part 2 , division 1 of the Act were a reference to the powers or action under this division. sections 126 (Producing authorised person’s identity card), 129 (Entering private property with, and in accordance with, the occupier’s permission), 130 (Entering private property with, and in accordance with, a warrant), 131 (Warrants—applications made electronically), 136 (Authorised person to give notice of damage) and 137 (Compensation for damage or loss caused after entry) of the Act - (a) with the permission of the occupier of the property; or - (b) to ask the occupier of the property for permission to stay on the property to exercise the powers under this division; or - (c) with, and in accordance with, a warrant. - (a) the magistrate is satisfied— (i) the warrant is sought for entering the property for a proper purpose; and (ii) the occupier of the property has unreasonably refused a request for permission to enter the property under section 129 (2) of the Act as applied under subsection (2) ; and - (i) the warrant is sought for entering the property for a proper purpose; and - (ii) the occupier of the property has unreasonably refused a request for permission to enter the property under section 129 (2) of the Act as applied under subsection (2) ; and - (b) the warrant states the purpose for which it is issued. - (i) the warrant is sought for entering the property for a proper purpose; and - (ii) the occupier of the property has unreasonably refused a request for permission to enter the property under section 129 (2) of the Act as applied under subsection (2) ; and - (a) the rating categories into which rateable land in a local government area is to be categorised to be decided; - (b) a description for each of the rating categories to be decided; - (c) the rating category for a parcel of rateable land to be identified; - (d) an objection against the categorisation of rateable land to be decided. - (a) a reference in the applied provisions to an authorised person were a reference to a categorisation officer; and - (b) a reference in the applied provisions, other than section 137 of the Act , to a Local Government Act were a reference to this division; and - (c) a reference in the applied provisions to the powers under the Act were a reference to the powers under this division; and - (d) a reference in the applied provisions to the powers or action under chapter 5 , part 2 , division 1 of the Act were a reference to the powers or action under this division.