sec.105General power to enter places

### sec.105 General power to enter places An investigator may, for a compliance purpose, enter a place if— an occupier at the place consents under subdivision 2 to the entry and section 105C has been complied with for the occupier; or it is a public place and the entry is made when the place is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 105J has been complied with for the occupier; or it is a place of business of a licensee or a person in the chain of responsibility for a building product and is— open for carrying on the business; or otherwise open for entry; or it is a building site and building work is being carried out on the site. For subsection (1) (d) , a place of business does not include a part of the place where a person resides. If the power to enter arose only because an occupier of the place consented to the entry— the power is subject to any conditions of the consent and ceases if the consent is withdrawn; and the consent may include consent for re-entry and paragraph (a) applies to the power to re-enter. If the power to enter is under a warrant— the power is subject to the terms of the warrant; and the warrant may confer a power to re-enter the place and paragraph (a) applies to the power to re-enter. s 105 sub 2007 No. 47 s 76 amd 2014 No. 57 s 50 sub 2017 No. 29 s 22 amd 2017 No. 43 s 294 (1) (sec.105-ssec.1) An investigator may, for a compliance purpose, enter a place if— an occupier at the place consents under subdivision 2 to the entry and section 105C has been complied with for the occupier; or it is a public place and the entry is made when the place is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 105J has been complied with for the occupier; or it is a place of business of a licensee or a person in the chain of responsibility for a building product and is— open for carrying on the business; or otherwise open for entry; or it is a building site and building work is being carried out on the site. (sec.105-ssec.2) For subsection (1) (d) , a place of business does not include a part of the place where a person resides. (sec.105-ssec.3) If the power to enter arose only because an occupier of the place consented to the entry— the power is subject to any conditions of the consent and ceases if the consent is withdrawn; and the consent may include consent for re-entry and paragraph (a) applies to the power to re-enter. (sec.105-ssec.4) If the power to enter is under a warrant— the power is subject to the terms of the warrant; and the warrant may confer a power to re-enter the place and paragraph (a) applies to the power to re-enter. - (a) an occupier at the place consents under subdivision 2 to the entry and section 105C has been complied with for the occupier; or - (b) it is a public place and the entry is made when the place is open to the public; or - (c) the entry is authorised under a warrant and, if there is an occupier of the place, section 105J has been complied with for the occupier; or - (d) it is a place of business of a licensee or a person in the chain of responsibility for a building product and is— (i) open for carrying on the business; or (ii) otherwise open for entry; or - (i) open for carrying on the business; or - (ii) otherwise open for entry; or - (e) it is a building site and building work is being carried out on the site. - (i) open for carrying on the business; or - (ii) otherwise open for entry; or - (a) the power is subject to any conditions of the consent and ceases if the consent is withdrawn; and - (b) the consent may include consent for re-entry and paragraph (a) applies to the power to re-enter. - (a) the power is subject to the terms of the warrant; and - (b) the warrant may confer a power to re-enter the place and paragraph (a) applies to the power to re-enter.