Document ID: chunk:federal_register_of_legislation:C2016C00961:section:8
Version: federal_register_of_legislation:C2016C00961
Segment Type: section
Provision Reference: s 8
Character Range: 11139–12920

8  Power to enter land
 (1) Where:
 (a) the occupier of land has consented in writing to an authorized person entering upon the land, with such assistance as is necessary, for the purpose of exercising the functions of an authorized person under this section; or
 (b) a warrant granted under subsection 10(2) authorizes an authorized person to enter upon land, with such assistance as is necessary, for the purpose of exercising those functions;
the authorized person may, with such assistance as is necessary:
 (c) enter upon the land; and
 (d) exercise on land so entered the functions of an authorized person under this section.
 (2) Where an authorized person enters upon land in accordance with subsection (1), he or she shall, upon demand by the occupier of the land, produce to the occupier the certificate furnished to him or her under section 7 and, if the entry is in pursuance of a warrant, that warrant.
 (3) A person shall not obstruct or hinder a person acting in pursuance of subsection (1).
Penalty: 2 penalty units.
 (3A) Subsection (3) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code).
 (4) The functions of an authorized person under this section are, for the purpose of ascertaining the suitability of land entered under this Act, or other land, for the carrying out of the functions of the Executive under this Act:
 (a) to inspect the land so entered; and
 (b) on land so entered by him or her to make surveys, take levels, sink bores, dig pits and examine the soil and do any other acts necessary for that purpose.
 (5) In this section, a reference to land includes a reference to land owned or occupied by a State.