sec.85General power to enter places

sec.85 General power to enter places

An authorised officer may enter a place if— an occupier at the place consents under subdivision 2 to the entry and section 88 has been complied with for the occupier; or the place 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 95 has been complied with for the occupier; or the place is a place of business stated in an operator accreditation, or an authorised holding yard for an operator accreditation, and the entry is made when the place is open for carrying on business or otherwise open for entry. However, an authorised officer may not, under subsection (1) (d) , enter a part of a place mentioned in the subsection at which 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of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn. If the power to enter is under a warrant, the power is subject to the terms of the warrant. (sec.85-ssec.1) An authorised officer may enter a place if— an occupier at the place consents under subdivision 2 to the entry and section 88 has been complied with for the occupier; or the place 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 95 has been complied with for the occupier; or the place is a place of business stated in an operator accreditation, or an authorised holding yard for an operator accreditation, and the entry is made when the place is open for carrying on business or otherwise open for entry. (sec.85-ssec.2) However, an authorised officer may not, under subsection (1) (d) , enter a part of a place mentioned in the subsection at which a person resides. (sec.85-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of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn. (sec.85-ssec.4) If the power to enter is under a warrant, the power is subject to the terms of the warrant.

• (a) an occupier at the place consents under subdivision 2 to the entry and section 88 has been complied with for the occupier; or
• (b) the place 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 95 has been complied with for the occupier; or
• (d) the place is a place of business stated in an operator accreditation, or an authorised holding yard for an operator accreditation, and the entry is made when the place is open for carrying on business or otherwise open for entry.