sec.36Power of entry

### sec.36 Power of entry An authorised rescue officer may enter a place without a warrant or the consent of the owner or occupier of the place to perform an emergency-related SES function. However, if the occupier is present at the place, the authorised rescue officer must do, or make a reasonable attempt to do, the following things before entering the place— tell the occupier the purpose of the entry; seek the consent of the occupier to the entry; tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent. Subsection (2) does not require the authorised rescue officer to take a step the officer reasonably believes may frustrate or otherwise hinder the officer’s ability to give the protection mentioned in section 35 (2) . In this section— occupier , of a place, includes the following— if there is more than 1 person who apparently occupies the place—any 1 of the persons; any person at the place who is apparently acting with the authority of a person who apparently occupies the place; if no-one apparently occupies the place—any person who is an owner of the place. (sec.36-ssec.1) An authorised rescue officer may enter a place without a warrant or the consent of the owner or occupier of the place to perform an emergency-related SES function. (sec.36-ssec.2) However, if the occupier is present at the place, the authorised rescue officer must do, or make a reasonable attempt to do, the following things before entering the place— tell the occupier the purpose of the entry; seek the consent of the occupier to the entry; tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent. (sec.36-ssec.3) Subsection (2) does not require the authorised rescue officer to take a step the officer reasonably believes may frustrate or otherwise hinder the officer’s ability to give the protection mentioned in section 35 (2) . (sec.36-ssec.4) In this section— occupier , of a place, includes the following— if there is more than 1 person who apparently occupies the place—any 1 of the persons; any person at the place who is apparently acting with the authority of a person who apparently occupies the place; if no-one apparently occupies the place—any person who is an owner of the place. - (a) tell the occupier the purpose of the entry; - (b) seek the consent of the occupier to the entry; - (c) tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent. - (a) if there is more than 1 person who apparently occupies the place—any 1 of the persons; - (b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place; - (c) if no-one apparently occupies the place—any person who is an owner of the place.