HERITAGE ACT 2004 - SECT 80 Power to enter premises

HERITAGE ACT 2004 - SECT 80

    (1)     For this Act, an authorised person may—

        (a)     at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or

        (b)     at any reasonable time, enter premises to—

              (i)     inspect a place or object that is registered, or nominated for provisional registration; or

Note     A registered place or object includes a provisionally registered place or object (see s 11).

              (ii)     give a heritage direction to—

    (A)     the person to whom the direction is given; or

    (B)     the owner or occupier; or

              (iii)     give a repair damage direction to—

    (A)     the person to whom the direction is given; or

    (B)     the owner or occupier; or

        (c)     at any time, enter premises with the occupier's consent; or

        (d)     at any time, enter premises if the authorised person believes, on reasonable grounds, that the circumstances are so serious and urgent that immediate entry to the premises without the authority of a search warrant is necessary; or

        (e)     enter premises in accordance with a search warrant.

    (2)     However, subsections (1) (a) and (1) (b) do not authorise entry into a part of the premises that is being used only for residential purposes.

    (3)     An authorised person may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises.

    (4)     To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge.

    (5)     An authorised person may—

        (a)     for subsection (1) (a), (b) or (c)—enter the premises with necessary assistance; and

        (b)     for subsection (1) (d)—enter the premises with necessary assistance and force.

Note     A search warrant to enter premises, issued under this Act, permits an authorised person to enter premises with any necessary assistance and force.

    (6)     In this section:

"necessary assistance", for an authorised person entering premises, includes the attendance of 1 or more people who, in the opinion of the authorised person, have knowledge or skills that could assist in carrying out the authorised person's functions.