124Unattended or residential premises not to be searched

124 Unattended or residential premises not to be searched (1) This Division does not authorise, without a consent obtained in accordance with section 125, the inspection or search of— (a) a premises that is unattended at the time of proposed entry; or (b) a premises that is used for predominantly residential purposes. (2) For the purposes of subsection (1)(a), a premises is unattended unless one or other of the following is present on the premises— (a) a responsible person; or (b) a person who is, or who appears to be, of or over the age of 16 years and who is, or who appears to be, in charge of the premises. (3) If an authorised inspector enters a premises that the inspector believes is attended, but then discovers that the premises is unattended, the inspector— (a) must place in a prominent position in the premises a notice stating— (i) the inspector's name and contact details; and (ii) that the inspector entered the premises for the purposes of this Act; and (iii) that the inspector left the premises after finding them unattended within the meaning of this Act; and (b) must then immediately leave the premises. S. 125 inserted by No. 44/2003 s. 3.