New South Wales Consolidated Acts

CEMETERIES AND CREMATORIA ACT 2013 - SECT 130

130 Power to enter premises

(1) An authorised officer may enter any premises for enforcement purposes.

(2) The authorised officer may enter the premises with such assistants (including police officers) as may reasonably be required.

(3) The authorised officer must give the occupier of the premises notice of intention to enter the premises unless--

(a) the entry is made with the permission of the occupier, or

(b) the entry is made to a part of the premises open to the public, or

(c) the giving of notice would defeat the purpose for which the premises were entered or would unreasonably delay the authorised officer in a case of urgency.

(4) Entry under the power conferred by this section may only be made at a reasonable time. This subsection does not apply to a power conferred by a search warrant.

(5) The powers of entry conferred by this Division are not exercisable in relation to any part of premises used only for residential purposes except--

(a) with the permission of the occupier of the premises, or

(b) under the authority conferred by a search warrant.