Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this section –
"authorised officer" means –(a) a State Service employee who is authorised in writing by the Director of Local Government for the purposes of this section; or
(b) an officer or employee of a council who is authorised in writing by the council for the purposes of this section; or
(c) a police officer.
(2) For the purpose of ascertaining whether there is, or has been, a contravention of this Act, an authorised officer may enter –
(a) any crematorium, cemetery or any place or premises that are, have been or may be used for, or in connection with, a prescribed business; or
(b) any other place or premises in which the authorised officer has reason to believe records relating to a crematorium, cemetery or prescribed business are kept.
(3) An authorised officer may only enter a crematorium, cemetery, place or premises under subsection (2) –
(a) at a reasonable time; and
(b) after providing reasonable notice to the cemetery manager, the crematorium manager or the person managing the prescribed business or other place or premises.
(4) On entering and on leaving the place or premises, an authorised officer must ensure that they are as effectively secured against trespassers as he or she found them.
(5) An authorised officer may use reasonable force to enter on land or enter a building or structure on land –
(a) with the authority of a warrant issued by a justice of the peace; or
(b) if the officer believes, on reasonable grounds, that the circumstances require immediate action to be taken.
(6) A justice of the peace must not issue a warrant under subsection (5) unless satisfied, on information given on oath –
(a) that there are reasonable grounds to suspect that an offence against this Act has been, is being, or is about to be, committed; or
(b) that the warrant is reasonably required in the circumstances.