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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 115 Entering premises by consent

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 115

Entering premises by consent

  (1)   A commissioner, or a person authorised by a commissioner, may enter land, a building or a place at any reasonable time for any reasonable purpose of an inquiry, if the person (the occupant ) occupying or in charge of the land, building or place consents.

  (2)   Before obtaining the consent, the commissioner or authorised person must inform the occupant that the occupant may refuse to give consent.

  (3)   The commissioner or authorised person may not enter the land, building or place if:

  (a)   the occupant asks the commissioner or authorised person to produce his or her identity card or other written evidence of his or her identity; and

  (b)   the commissioner or authorised person does not produce it.

  (4)   An entry by a commissioner or authorised person with the occupant's consent is not lawful if the occupant's consent was not voluntary.

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