Transport Infrastructure (Public Marine Facilities) Regulation 2023
sec.68Entry of a place of business under s 63
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sec.68 Entry of a place of business under s 63
This section applies if an authorised officer intends to enter a place under section 63 (1) (c) . The authorised officer must, before entering the place, make a reasonable attempt to locate an occupier of the place and obtain the occupier’s consent to the entry. See subdivision 2 in relation to entry by consent. Subsection (4) applies if— after being unable to locate an occupier, the authorised officer subsequently finds an occupier present at the place; or an occupier refuses to consent to the entry. The authorised officer must make reasonable attempts to— produce the authorised officer’s identity card for the occupier’s inspection; and inform the occupier— of the reason for entering the place; and that the authorised officer is authorised under this regulation to enter the place without the occupier’s consent. See, however, the restrictions on entry under section 63 (1) (c) and (2) . Also, if the authorised officer enters the place after being unable to locate an occupier, the authorised officer must leave a written notice in a conspicuous position and in a reasonably secure way stating— the date and time of the entry; and information addressing the matters mentioned in subsection (4) (b) . (sec.68-ssec.1) This section applies if an authorised officer intends to enter a place under section 63 (1) (c) . (sec.68-ssec.2) The authorised officer must, before entering the place, make a reasonable attempt to locate an occupier of the place and obtain the occupier’s consent to the entry. See subdivision 2 in relation to entry by consent. (sec.68-ssec.3) Subsection (4) applies if— after being unable to locate an occupier, the authorised officer subsequently finds an occupier present at the place; or an occupier refuses to consent to the entry. (sec.68-ssec.4) The authorised officer must make reasonable attempts to— produce the authorised officer’s identity card for the occupier’s inspection; and inform the occupier— of the reason for entering the place; and that the authorised officer is authorised under this regulation to enter the place without the occupier’s consent. See, however, the restrictions on entry under section 63 (1) (c) and (2) . (sec.68-ssec.5) Also, if the authorised officer enters the place after being unable to locate an occupier, the authorised officer must leave a written notice in a conspicuous position and in a reasonably secure way stating— the date and time of the entry; and information addressing the matters mentioned in subsection (4) (b) .
- (a) after being unable to locate an occupier, the authorised officer subsequently finds an occupier present at the place; or
- (b) an occupier refuses to consent to the entry.
- (a) produce the authorised officer’s identity card for the occupier’s inspection; and
- (b) inform the occupier— (i) of the reason for entering the place; and (ii) that the authorised officer is authorised under this regulation to enter the place without the occupier’s consent.