442Application for rectification work order

442 Application for rectification work order (1) An inspector may apply to a magistrate for an order authorising entry to premises to undertake rectification work (a rectification work order) if— (a) the territory planning authority gives a direction for rectification work to be done at the premises; and (b) notice of the direction is given under section 437; and (c) the rectification work is not undertaken in accordance with the notice; and (d) a person is authorised to undertake the rectification work; and (e) 1 or more of the following circumstances apply in relation to the premises: (i) the proposed rectification work cannot reasonably be undertaken, or consent to entry cannot be obtained, during business hours; (ii) an inspector, or an accompanying authorised person, is refused entry in accordance with an intention to enter notice given under section 467;

(iii) consent to the entry of an inspector or an accompanying authorised person to undertake the rectification work is withdrawn; (iv) consent to the entry or re-entry of an authorised person to undertake or complete the rectification work is withdrawn. (2) An application for a rectification work order must be sworn and state (a) the grounds for making the application; (b) why the order is sought; (c) if the order sought is for undertaking rectification work at stated times outside business hours—why the work needs to be undertaken at the stated times; (d) whether police assistance, or any other assistance, is likely to be needed to execute the order; (e) if the application is made remotely under section 446—why the application is being made remotely.