76Power to enter and inspect premises

76 Power to enter and inspect premises

(1) An inspector may at any reasonable time enter and inspect any premises, other than any building or structure occupied as a residence, and inspect any plants, plant products or used packages found at that place if the inspector reasonably believes—

(a) the premises are being kept for the propagation, growing, sale, storage, delivery, treatment, packaging or preparation for sale of any plants or plant products; and

(b) entry to the premises is necessary to monitor for pests and diseases.

(2) If the occupier of the premises or any other person is present when an inspector exercises a power of entry under this section, the inspector must before entering the premises—

(a) inform the occupier or any person at the premises that he or she is authorised to enter and inspect the premises; and

(b) give the occupier or any person at the premises an opportunity to allow entry to the premises.

(3) If the occupier of the premises is not present when an inspector exercises a power of entry under this section, the inspector must, on leaving the premises, leave a notice setting out—

(a) the time of entry; and

(b) the purpose of entry; and

(c) a description of all things done while on the premises; and

(d) the time of departure; and

(e) the procedure for contacting the inspector for further details of the entry.

(b) not remain on premises any longer than is reasonably necessary.