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PUBLIC HEALTH ACT 2005 - SECT 393
Entry of place under s 388
393 Entry of place under s 388
(1) This section applies to an authorised person intending to enter a place
under section 388 .
(2) The issuing authority must give the occupier and
owner of the place reasonable notice that the issuing authority, by its
employees or agents, intends to enter the place to take the steps required
under the public health order.
(3) The notice must state the steps that are
to be taken by the issuing authority.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) In exercising a power
under this section, 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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