Document ID: chunk:federal_register_of_legislation:C2019A00116:clause:2_29:p2
Version: federal_register_of_legislation:C2019A00116
Segment Type: clause
Provision Reference: sch 2 cl 29 (pt 2/9)
Character Range: 46469–49155

*authorised officer may:
 (a) enter any premises; and
 (b) exercise the *search powers in relation to the premises;
for the purposes of the Secretary making the decision or determination.
 (3) However, an *authorised officer is not authorised to enter premises unless the occupier of the premises has consented to the entry.
Note: An authorised officer must leave the premises if the consent ceases to have effect (see section 91‑2).

91‑2  Consent
 (1) Before obtaining the consent of an occupier of premises for the purposes of subsection 91‑1(3), an *authorised officer must:
 (a) inform the occupier that the occupier may refuse to give consent or may withdraw consent; and
 (b) if the occupier is an approved provider—inform the occupier that the occupier has a responsibility under paragraph 63‑1(1)(b) to cooperate with a person who is performing functions, or exercising powers, under this Part.
Note: Failure to comply with that responsibility may result in a sanction being imposed on the approved provider under Part 7B of the *Quality and Safety Commission Act.
 (2) A consent has no effect unless the consent is voluntary.
 (3) A consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period.
 (4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.
 (5) If an *authorised officer entered premises because of the consent of the occupier of the premises, the officer must leave the premises if the consent ceases to have effect.
 (6) If:
 (a) an *authorised officer enters premises because of the consent of the occupier of the premises; and
 (b) the officer has not shown the occupier the officer's identity card before entering the premises;
the officer must do so on, or as soon as is reasonably practicable after, entering the premises.

91‑3  Search powers
 (1) If an *authorised officer enters premises in accordance with section 91‑1, the following are the search powers that the officer may exercise in relation to the premises:
 (a) the power to search the premises and any thing on the premises;
 (b) the power to examine or observe any activity conducted on the premises;
 (c) the power to inspect, examine, take measurements of or conduct tests on any thing on the premises;
 (d) the power to make any still or moving image or any recording of the premises or any thing on the premises;
 (e) the power to inspect any document on the premises;
 (f) the power to take extracts from, or make copies of, any such document;
 (g) the power to take onto the premises such equipment and materials