46Residential premises

46 Residential premises

Despite anything else in this Part, the powers of a transport safety officer under this Part in relation to entering a place or bus or boarding a vessel are not exercisable in respect of any part of the place, bus or vessel that are residential premises except—

(a) with the consent of—

(i) the person with control or management of the residential premises; or

(ii) a person at the premises; or

(iii) a resident of the premises; or

(b) under the authority conferred by a search warrant; or

S. 46(c) amended by No. 41/2019 s. 46(b).

(c) for the sole purpose of gaining access to suspected bus premises, but only—

(i) if the officer reasonably believes that no reasonable alternative access is available; and

S. 46(c)(ii) amended by No. 41/2019 s. 46(c).

(ii) at a reasonable time, having regard to the times at which the officer believes bus safety work is being carried out at the premises to which access is sought.

S. 47 amended by Nos 41/2019 s. 47, 25/2025 s. 68.