DISABILITY SERVICES ACT 2006 - SECT 200G General power to enter places

DISABILITY SERVICES ACT 2006 - SECT 200G

200G General power to enter places

(1) An authorised officer may enter a place if—

(a) an occupier of the place consents under subdivision 3 to the entry and section 200J has been complied with for the occupier; or

(b) it is a public place and the entry is made when it is open to the public; or

(c) the entry is authorised under a warrant and, if there is an occupier of the place, section 200Q has been complied with for the occupier; or

(d) it is the place of business of an NDIS service provider and is—

(i) open for carrying on the business; or

(ii) otherwise open for entry.

(2) For subsection (1) (d) , a
"place of business" does not include a part of the place where a person resides.

(3) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.

(4) If the power to enter is under a warrant, the power is subject to the terms of the warrant.

(5) In this section—


"public place" means a place, or part of the place—

(a) the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or

Examples of a place that may be a public place under paragraph (a)—

a beach, a park, a road

(b) the occupier of which allows, whether or not on payment of money, members of the public to enter.

Examples of a place that may be a public place under paragraph (b)—

a saleyard, a showground