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BIOSECURITY ACT 2015 - SECT 498

Entering adjacent premises to gain access to other premises

  (1)   A biosecurity enforcement officer may enter any premises ( adjacent premises ) if it is necessary to do so for the purpose of:

  (a)   gaining access to other premises to perform functions, or exercise powers, as a biosecurity enforcement officer (including as an authorised person for the purposes of Part   2 or 3 of the Regulatory Powers Act as those Parts apply in relation to this Act); or

  (b)   accompanying a biosecurity officer who needs to gain access to other premises to perform functions, or exercise powers, under or for the purposes of this Act.

  (2)   However, a biosecurity enforcement officer is not authorised to enter adjacent premises under subsection   (1) unless:

  (a)   the occupier of the premises has consented to the entry and the biosecurity enforcement officer has shown his or her identity card if required by the occupier; or

  (b)   the entry is made under an adjacent premises warrant.

Note:   For the issue of warrants, and the obligations and powers of biosecurity enforcement officers in entering premises under a warrant or with consent, see Part   3 of this Chapter, Division   3 of this Part and Parts   2 and 3 of the Regulatory Powers Act (as they apply because of Parts   1 and 2 of this Chapter).

  (3)   A biosecurity officer who needs to enter adjacent premises to gain access to other premises for the purpose of performing functions, or exercising powers, under or for the purposes of this Act may enter the adjacent premises only if the biosecurity officer is accompanied by a biosecurity enforcement officer who is authorised to enter the adjacent premises under subsection   (1).


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