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PROPERTY AND STOCK AGENTS ACT 2002 - SECT 205
Powers of entry, inspection etc
205 Powers of entry, inspection etc
(1) An authorised officer may exercise the powers conferred by this section
for the purpose of-- (a) ascertaining whether the provisions of this Act or
the regulations are being complied with or have been contravened, or
(b)
investigating a complaint made or intended to be made under this Act, or
(c)
obtaining evidence, records or information in relation to a matter that
constitutes or may constitute a contravention of this Act or the regulations.
(2) An authorised officer may enter and inspect at any reasonable time any
premises that the officer believes on reasonable grounds are used for the
carrying on of the business of an agent, whether or not the business is being
carried on by the holder of a licence.
(3) While on premises entered under
this section or under the authority of a search warrant under this Part, an
authorised officer may do any one or more of the following-- (a) require any
person on those premises to produce any records in the possession or under the
control of that person relating to the carrying on of the business of an
agent, and (in the case of records stored electronically) to produce any such
record in written form,
(b) inspect, take copies of or extracts from, or make
notes from, any such records, and for that purpose may take temporary
possession of any such records,
(c) take possession of any such records if
the authorised officer considers it necessary to do so for the purpose of
obtaining evidence or protecting evidence from destruction,
(d) take such
photographs, films and audio, video and other recordings as the
authorised officer considers necessary,
(e) require any person on those
premises to answer questions or otherwise furnish information in relation to
the carrying on of the practice of the business of an agent or a contravention
of a provision of this Act or the regulations,
(f) require the owner or
occupier of those premises to provide the authorised officer with such
assistance and facilities as is or are reasonably necessary to enable the
authorised officer to exercise the functions of an authorised officer under
this section.
(4) An authorised officer is not entitled to enter a part of
premises used for residential purposes, except-- (a) with the consent of the
occupier of the part, or
(b) a part of premises on which an auction of
residential property is being conducted or which is open for inspection in
advance of, or in preparation for, such an auction, or
(c) under the
authority of a search warrant.
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