New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 495

495 Power to enter relevant place

(1) An authorised officer may, for monitoring purposes, enter a relevant place if--

(a) an occupier of the place consents under Division 4 to the entry and section 503 has been complied with for the occupier; or

(b) the place is not a residence and is--

(i) open for carrying on a business; or

(ii) otherwise open for entry; or

(iii) required to be open for inspection under this Law.

(2) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.

(3) Subsection (1)(b) does not authorise an authorised officer, without the occupier's consent or a warrant, to enter a relevant place that is unattended, unless the officer reasonably believes the place is attended.

(4) If an authorised officer enters a place reasonably believing the place is attended, the officer must leave the place immediately after finding the place is or appears to be unattended.

(5) An authorised officer may open unlocked doors and other unlocked panels and things at a place for gaining entry to the place under subsection (1).

(6) This section does not authorise an authorised officer to use force for exercising a power under this section.