Document ID: chunk:federal_register_of_legislation:F2024C00392:clause:1_43
Version: federal_register_of_legislation:F2024C00392
Segment Type: clause
Provision Reference: sch 1 cl 43
Character Range: 58922–61560

43  Power to inspect premises
 (1) An authorised officer may, for compliance purposes, inspect premises to which this Division applies.
 (2) The officer may enter the premises for the purpose of conducting the inspection.
 (3) Without limiting the above, the officer may inspect, or enter and inspect, any vehicle at the premises.
 (4) Before an authorised officer enters premises (not being a public place) under this section, the officer must give the occupier of the premises reasonable notice of the intention to enter unless:
 (a) the giving of the notice would be reasonably likely to defeat the purpose for which it is intended to enter the premises; or
 (b) entry to the premises is made with the consent of the occupier of the premises; or
 (c) entry is required in circumstances where the authorised officer reasonably believes there is an immediate risk to safety because of the carrying out of an operation at the premises in respect of dangerous goods; or
 (d) entry is authorised by a warrant.
 (5) This section does not authorise, without consent, the entry or inspection of:
 (a) premises that are apparently unattended, unless the officer believes on reasonable grounds that the premises are not unattended; or
 (b) premises that are, or any part of premises that is, used predominantly for residential purposes.
 (6) Without limiting the above, the power to inspect premises under this section includes any or all of the following:
 (a) the power to inspect and take copies of or extracts from any records located at the premises and required to be kept by or under the {subordinate law};
 (b) the power to check the existence of and inspect any devices (including weighing, measuring, recording or monitoring devices) required to be installed, used or maintained by or under the {subordinate law}, and to inspect and take copies of or extracts from any readout or other data obtained from any such device;
 (c) the power to use photocopying equipment on the premises free of charge for the purpose of copying any records or other material.
 (7) This section does not authorise the use of force, but the officer may under this section do any or all of the following:
 (a) open unlocked doors and other unlocked panels and objects;
 (b) inspect anything that has been opened or otherwise accessed under the power to use reasonable force in the exercise of a power to enter or move a vehicle under this Part;
 (c) move, but not take away, anything that is locked up or sealed.
 (8) An authorised officer who enters premises under this section must not unnecessarily impede any activities being conducted at the premises.