Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 91.1

Power to enter premises and exercise search powers in relation to certain applications and grants

  (1)   This section applies if the Secretary considers that it is necessary for an * authorised officer to exercise powers under this Division for the purposes of the Secretary:

  (a)   making a decision on an application made under this Act or the Aged Care (Transitional Provisions) Act 1997 ; or

  (b)   determining whether the conditions to which a grant under Chapter   5 of this Act is subject have been complied with.

  (2)   An * authorised officer may:

  (a)   enter any premises; and

  (b)   exercise the * search powers in relation to the premises;

for the purposes of the Secretary making the decision or determination.

  (3)   However, an * authorised officer is not authorised to enter premises unless the occupier of the premises has consented to the entry.

Note:   An authorised officer must leave the premises if the consent ceases to have effect (see section   91 - 2).


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