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LOCAL GOVERNMENT ACT 2009 - SECT 133 Entering property under an approved inspection program

LOCAL GOVERNMENT ACT 2009 - SECT 133

Entering property under an approved inspection program

133 Entering property under an approved inspection program

(1) An authorised person may enter a property (other than a home on the property) without the permission of the occupier of the property, at any reasonable time of the day or night, under an approved inspection program.
(2) An
"approved inspection program" is a program, approved by a local government, under which an authorised person may enter and inspect properties in the local government area to ensure the Local Government Acts are being complied with.
Example of an approved inspection program
a program to ensure that swimming pools are fenced in accordance with a local law
(3) The local government must give, or must make a reasonable attempt to give, the occupier of the property a notice that informs the occupier of the following—
(a) the local government’s intention to enter the property;
(b) the reason for entering the property;
(c) an estimation of when the property will be entered.
Example—
A local government may give the notice to an occupier of a property by dropping a flyer in the letterbox for the property.
(4) The local government must give, or make a reasonable attempt to give, the notice to the occupier within a reasonable time before the property is to be entered.
(5) The authorised person—
(a) must, as soon as the authorised person enters the property, inform any occupier of the property—
(i) of the reason for entering the property; and
(ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and
(b) may enter a budget accommodation building on the property only to monitor compliance with the Building Act , chapter 7 .