Australian Capital Territory Repealed Acts

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This legislation has been repealed.

GAS SUPPLY ACT 1998 - SECT 49

Entry and inspection

(1)     For the purpose of exercising his or her powers under paragraph 37 (1) (h), the Gas Technical Regulator and any person authorised under that paragraph may enter and remain on any land or premises at any time with such assistance and by such force as is necessary and reasonable in the circumstances.

(2)     An inspector or other person who enters premises under subsection (1) shall not remain on the premises if, at the request (however expressed) of the occupier of the premises to show the person's authority to enter the premises, the inspector or other person does not show to the occupier—

        (a)     in the case of an inspector—his or her identity card issued under section 42; or

        (b)     in the case of any other person—his or her authority in writing under paragraph 37 (1) (h), or a clearly legible photocopy of it.

(3)     Subject to subsection (4), an inspector may enter and remain on premises for the purposes of exercising a power under subsection (5) if the inspector believes on reasonable grounds that—

        (a)     the transmission, distribution, storage or consumption of gas takes place, or may take place, on the premises; or

        (b)     the manufacture, supply or maintenance of any item for use in connection with an activity or action mentioned in paragraph (a) takes place, or may take place, on the premises.

(4)     An inspector shall not enter or remain on premises under subsection (3) except—

        (a)     with the consent of the occupier of the premises obtained in accordance with section 50; or

        (b)     in accordance with a warrant, issued under subsection 51 (2), that the inspector shows to the occupier.

(5)     An inspector may, while he or she remains on premises in accordance with this section—

        (a)     if paragraph (4) (a) applies—

              (i)     inspect the premises; and

              (ii)     exercise any power conferred by section 45 or 52; or

        (b)     if paragraph (4) (b) applies—exercise, in accordance with the warrant, the powers conferred by the warrant.



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