Tobacco and Other Smoking Products Act 1998
sec.181Entry of places by authorised persons
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sec.181 Entry of places by authorised persons
An authorised person may enter a place if— the occupier consents to the entry; or the entry is authorised by a warrant. Also, an authorised person may, without the occupier’s consent or a warrant, enter— a public place when the place is open to the public; or an outlet of a supplier or liquor licensed premises when it is open for carrying on business; or a wholesale outlet when the outlet is open for carrying on business; or premises at which illicit nicotine products are available for sale by retail or wholesale when the premises are open for carrying on business; or premises for which an order is in effect under division 4A ; or a place in relation to which an injunction is in effect under division 4B . For the purpose of asking the occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is necessary to contact the occupier; or enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. After entering a place under this section, an authorised person may remain at the place for a reasonable period to take either of the following actions, regardless of whether the place continues to be open to the public or open for carrying on business— exercise a power under section 187 ; if the entry is made for the purpose of checking compliance with an improvement notice—check compliance with the notice. In this section— improvement notice see section 211 (2) . s 181 amd 1999 No. 61 s 33 ; 2001 No. 20 s 30 ; 2023 No. 16 s 52 ; 2024 No. 51 s 20 ; 2025 No. 27 s 14 (sec.181-ssec.1) An authorised person may enter a place if— the occupier consents to the entry; or the entry is authorised by a warrant. (sec.181-ssec.2) Also, an authorised person may, without the occupier’s consent or a warrant, enter— a public place when the place is open to the public; or an outlet of a supplier or liquor licensed premises when it is open for carrying on business; or a wholesale outlet when the outlet is open for carrying on business; or premises at which illicit nicotine products are available for sale by retail or wholesale when the premises are open for carrying on business; or premises for which an order is in effect under division 4A ; or a place in relation to which an injunction is in effect under division 4B . (sec.181-ssec.3) For the purpose of asking the occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is necessary to contact the occupier; or enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. (sec.181-ssec.4) After entering a place under this section, an authorised person may remain at the place for a reasonable period to take either of the following actions, regardless of whether the place continues to be open to the public or open for carrying on business— exercise a power under section 187 ; if the entry is made for the purpose of checking compliance with an improvement notice—check compliance with the notice. (sec.181-ssec.5) In this section— improvement notice see section 211 (2) .