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ASSOCIATIONS INCORPORATION ACT 2009 - SECT 88 Manner in which power of entry to be exercised

ASSOCIATIONS INCORPORATION ACT 2009 - SECT 88

Manner in which power of entry to be exercised

88 Manner in which power of entry to be exercised

(1) The powers conferred on an authorised officer by this Division may not be exercised in relation to any premises unless--
(a) the officer is in possession of a certificate of authority, issued in accordance with the regulations, that evidences his or her authority to exercise those powers, and
(b) the occupier of the premises has been given at least 24 hours' notice that those powers are to be exercised or the Secretary has given prior authority for the exercise of those powers without the need for such notice.
(2) Authority under subsection (1) (b) may only be given if the Secretary is satisfied, in the circumstances of the case, that the giving of 24 hours' notice would frustrate the purpose for which the powers are to be exercised.
(3) Reasonable force may be used for the purpose of effecting entry under this Division.