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PUBLIC HEALTH ACT 2005 - SECT 392
Entry of place under s 386, 387, 388A or 389
392 Entry of place under s 386, 387, 388A or 389
(1) This section applies to an authorised person intending to enter a place
under section 386 , 387 , 388A or 389 .
(2) The authorised person must,
before entering the place, make a reasonable attempt to locate an occupier and
obtain the occupier’s consent to the entry.
(3) If the occupier refuses
consent to enter, the authorised person must not enter the place unless the
entry is under an enforcement order or a warrant.
(4) If the authorised
person is unable to locate an occupier after making a reasonable attempt to do
so, the authorised person may enter the place.
(5) If the authorised person
enters the place after being unable to locate an occupier, the authorised
person must leave a notice in a conspicuous position and in a reasonably
secure way stating the date, time and purpose of the entry.
(6) In exercising
a power under section 386 , 387 , 388A or 389 , the authorised person must
take all reasonable steps to ensure the person causes as little inconvenience,
and does as little damage, as is practicable in the circumstances.
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