Western Australian Current Acts Western Australian Current Acts (1) An authorised
person or police officer may, for the purpose of enabling the authorised
person or police officer to give a direction, or to take or cause to be taken
any measures, under section 81(1) or 81A in respect of noise emitted from any
premises or to ascertain whether or not an offence under section 81(2) has
been committed on any premises —
(a)
enter those premises, with the aid of such other authorised persons or police
officers as the authorised person or police officer considers necessary and,
subject to subsection (3), with the use of reasonable force, at any time when
the authorised person or police officer considers on reasonable grounds that
an unreasonable noise has been or is being emitted from those premises; and
(b)
whether or not the authorised person or police officer enters those premises,
require any person —
(i)
who the authorised person or police officer considers on
reasonable grounds was or is present in or on those premises at any time
during which noise was or is being emitted from those premises; and
(ii)
to whom the authorised person or police officer has given
an oral or written warning of the obligation of that person to furnish the
authorised person or police officer with the name and address of that person
and with the name and address of the occupier of those premises,
to furnish the
authorised person or police officer with the names and addresses referred to
in subparagraph (ii).
(2) A person who does
not comply with a requirement made under subsection (1)(b) commits an offence.
(3) An authorised
person shall not, if the authorised person exercises the power referred to in
subsection (1)(a), use force in so doing unless the authorised person is, or
is accompanied by, a police officer.
[Section 82 amended: No. 50 of 1996 s. 10; No. 40
of 2020 s. 111(1).]