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LOCAL GOVERNMENT ACT 2009 - SECT 133
Entering property under an approved inspection program
(1) An authorised person may enter a property (other than a home on the
property) without the permission of the occupier of the property, at any
reasonable time of the day or night, under an approved inspection program.
(2) An
"approved inspection program" is a program, approved by a local government,
under which an authorised person may enter and inspect properties in the
local government area to ensure the Local Government Acts are being complied
with. Example of an approved inspection program— a program to ensure that
swimming pools are fenced in accordance with a local law
(3) The
local government must give, or must make a reasonable attempt to give, the
occupier of the property a notice that informs the occupier of the
following— (a) the local government’s intention to enter the property;
(b) the reason for entering the property;
(c) an estimation of when the
property will be entered.
Example— A local government may give the notice
to an occupier of a property by dropping a flyer in the letterbox for the
property.
(4) The local government must give, or make a reasonable attempt
to give, the notice to the occupier within a reasonable time before the
property is to be entered.
(5) The authorised person— (a) must, as soon as
the authorised person enters the property, inform any occupier of the
property— (i) of the reason for entering the property; and
(ii) that the
authorised person is authorised under this Act to enter the property without
the permission of the occupier; and
(b) may enter a budget accommodation
building on the property only to monitor compliance with the Building Act ,
chapter 7 .
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