228EEntry for monitoring and other purposes

228E Entry for monitoring and other purposes

(1) For the purposes of determining whether this Act or the regulations are being complied with or for assisting in the enforcement of the safety of buildings and of building and plumbing standards under this Act, an authorised person may enter and search any building or land at which the authorised person believes on reasonable grounds—

(a) a person is conducting a business relating to the building industry or plumbing industry; or

(b) a person is keeping a record or document that—

(i) is required to be kept by this Act or the regulations; or

(ii) may show whether or not this Act or the regulations are being complied with; or

(c) building work or plumbing work is being, or has been, carried out.

(2) A power under subsection (1) must not be exercised in or on any part of a building that is used for residential purposes unless the authorised person obtains the consent of the occupier of the building.

(3) An authorised person may enter and search a building or land under subsection (1) with the assistance of any person necessary to provide technical assistance to the authorised person.

(4) An authorised person who enters and searches any building or land under this section may do all or any of the following—

(a) examine any thing found in or on the building or land;

(b) examine any building work or plumbing work that has or is being carried out in or on the building or land;

(c) seize any thing found in or on the building or land or secure any thing found in or on the building or land against interference, if the authorised person believes on reasonable grounds that the thing is connected with a contravention of this Act or the regulations;

(d) take and keep samples of any thing found in or on the building or land, if the authorised person believes on reasonable grounds that the thing is connected with a contravention of this Act or the regulations;

S. 228E(4)(da) inserted by No. 46/2018 s. 65.

(da) conduct, in accordance with the regulations (if any), destructive testing on a building product or material examined in or on the building or land, if the authorised person believes on reasonable grounds that the use of the building product or material is connected with a contravention of this Act or the regulations;

S. 228E(4)(db) inserted by No. 46/2018 s. 65.

(db) arrange, in accordance with the regulations (if any), for destructive testing to be conducted by a prescribed testing authority on any building product or material seized or sampled from the building or land;

(e) require a person to produce any document in or on the building or land for examination and, if the authorised person believes on reasonable grounds that the document is connected with an alleged contravention of this Act or the regulations—