Document ID: chunk:federal_register_of_legislation:F2024C01081:reg:21
Version: federal_register_of_legislation:F2024C01081
Segment Type: reg
Provision Reference: reg 21
Character Range: 29272–30824

21  Power to enter premises
 (1) A person may enter any premises for the purpose of complying with a direction made under subsection 20(1).
 (2) The person must give the owner or occupier of the premises reasonable written notice of the intention to enter the premises.
 (3) However, the person may enter the premises without notice if:
 (a) entry to the premises is made with the consent of the owner or occupier of the premises; or
 (b) the premises are open to the public or the entry is to a part of the premises open to the public; or
 (c) entry is required urgently and the Minister or emergency services officer giving the direction has authorised, in writing, the entry without notice (either generally or in the particular case).
 (4) Before entering Defence land, the person making the entry must be satisfied that the Senior Australian Defence Force Officer at HMAS Creswell, or a person authorised by the Senior Australian Defence Force Officer, has been consulted.
 (5) However, subsection (4) does not apply if:
 (a) the entry is made in circumstances in which the person making the entry considers there is an imminent threat to life; or
 (b) the requirement to be consulted has been waived by:
 (i) the Secretary of the Defence Department; or
 (ii) the Chief of the Defence Force; or
 (iii) the Senior Australian Defence Force Officer at HMAS Creswell; or
 (iv) a person authorised by the Senior Australian Defence Force Officer to waive the requirement.
 (6) In entering the premises, the person must do as little damage as possible.