LOCAL GOVERNMENT ACT 2009 - SECT 146 Entry with, and in accordance with, a court order

LOCAL GOVERNMENT ACT 2009 - SECT 146

146 Entry with, and in accordance with, a court order

(1) A person may enter a property with, and in accordance with, a court order made under this section.

(2) The person must apply to a magistrate for the court order.

(3) The application must—

(a) be in the form approved by the department’s chief executive; and

(b) be sworn; and

(c) state the grounds on which the court order is sought.

(4) The person must, as soon as practicable, give a copy of the application to—

(a) if the person is not the owner of the property—the owner of the property; and

(b) the occupier of the property.

(5) The magistrate may refuse to consider the application until the person gives the magistrate all the information that the magistrate requires about the application in the way that the magistrate requires.

Example—

The magistrate may require additional information supporting the application to be given by statutory declaration.

(6) If the magistrate is satisfied that entry to the property is necessary to allow the person to take action under any of the Local Government Acts, the magistrate may make the court order.

(7) The court order must—

(a) direct the occupier of the property to allow the person to enter the property and take all action that is necessary under any Local Government Act ; and

(b) state the hours of the day or night when the property may be entered; and

(c) state the day (within 14 days after the court order is made) when the court order ends.

(8) If the person who applied for the court order is a local government worker, the court order may authorise the local government worker to use necessary and reasonable help and force to enter the property.

(9) The magistrate must record the reasons for making the court order.

(10) As soon as the person enters the property under the court order, the person must do, or make a reasonable attempt to do, the following things—

(a) inform any occupier of the property—

(i) of the reason for entering the property; and

(ii) that the person is authorised under the court order to enter the property without the permission of the occupier;

(b) if the court order authorises the person to use force to enter the property—give the occupier a reasonable opportunity to allow the person to immediately enter the property without using force.