107Entry and inspection of property

107 Entry and inspection of property

[Section 107 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  A member of the Tribunal may enter any land or building and carry out on or in the land or building any inspection of the land or building that the Tribunal considers relevant to any proceedings.

(2)  A member of the Tribunal may authorise an officer of the Tribunal to enter any land or building and carry out on or in the land or building an inspection that the member of the Tribunal considers relevant to any proceedings, including for the purposes of preparing expert evidence for the purposes of proceedings.

(3)  The President, a Deputy President or a legally qualified member may authorise a person who is not an officer of the Tribunal to enter any land or building and carry out on or in the land or building an inspection that the President, Deputy President or legally qualified member, respectively, considers relevant to any proceedings, including for the purposes of preparing expert evidence for the purposes of proceedings.

(4)  A member of the Tribunal, and a person authorised under subsection (2) or (3) , may only enter any land or building, or carry out on or in the land or building any inspection, if the member or person, respectively, has, before entering the land or building, notified the owner or occupier of the land, or building, of the intention to enter the land or building.

(5)  Subsection (4) does not apply in relation to the entry of land or a building if –

(a) an emergency exists; or

(b) the giving of notice would defeat the purpose of entering the land or building.

(6)  A person must not obstruct a member of the Tribunal, or a person authorised under subsection (2) or (3) , in the exercise of a power of entry or inspection under this section.

Penalty:  Fine not exceeding 15 penalty units or imprisonment for a term not exceeding 6 months.