Commonwealth Numbered Acts Commonwealth Numbered ActsPowers of inspectors to enter premises
(1) An inspector may, without force:
(a) enter premises, if the inspector reasonably believes that:
(i) this Act, a designated building law or the Building Code applies to building work that is being, or applied to building work that has been, performed on the premises; or
(ii) a breach by a building industry participant of this Act, a designated building law or the Building Code has occurred, is occurring or is likely to occur; or
(b) enter business premises, if the inspector reasonably believes that:
(i) there are records or documents relevant to compliance purposes on the premises, or accessible from a computer on the premises; or
(ii) a person who ordinarily performs work or conducts business at the premises has information relevant to compliance purposes.
Note: Intentionally hindering or obstructing an inspector is prohibited (see section 78).
Powers of Federal Safety Officers to enter premises
(2) A Federal Safety Officer may, without force:
(a) enter premises, if the officer reasonably believes that building work is being carried out, or has been carried out by an applicant or accredited person referred to in subsection 70(2); or
(b) enter business premises, if the officer reasonably believes that:
(i) there are records or documents relevant to compliance purposes on the premises, or accessible from a computer on the premises; or
(ii) a person who ordinarily performs work or conducts business at the premises has information relevant to compliance purposes.
Note: Intentionally hindering or obstructing a Federal Safety Officer is prohibited (see section 78).
Limitation on authorised officers entering premises
(3) Despite subparagraph (1)(a)(i) and paragraph (2)(a), an authorised officer must not enter a part of premises that is used for residential purposes unless the officer reasonably believes that the work referred to in that subparagraph or paragraph is being performed on that part of the premises.
(4) Despite subparagraphs (1)(b)(ii) and (2)(b)(ii), an authorised officer must not enter business premises under either of those subparagraphs if the authorised officer reasonably believes that the person concerned is not at those premises.