New South Wales Repealed Acts

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This legislation has been repealed.

PUBLIC HEALTH ACT 1991 - SECT 72

Powers of entry

72 Powers of entry

(1) A power conferred by this Act to enter premises, or to make an inspection or take other action on premises, may not be exercised unless the person proposing to exercise the power:
(a) is in possession of a certificate of authority, and
(b) gives reasonable notice to the occupier of the premises of intention to exercise the power, unless the giving of notice would defeat the purpose for which it is intended to exercise the power, and
(c) exercises the power at a reasonable time, unless it is being exercised in an emergency, and
(d) produces the certificate of authority if required to do so by the occupier of the premises, and
(e) uses no more force than is reasonably necessary to effect the entry or make the inspection.
(2) A certificate of authority must:
(a) state that it is issued under the Public Health Act 1991 , and
(b) give the name of the person to whom it is issued, and
(c) describe the nature of the powers conferred and the source of the powers, and
(d) state the date, if any, on which it expires, and
(e) describe the kind of premises to which the power extends, and
(f) bear the signature of the person by whom it is issued and state the capacity in which the person is acting in issuing the certificate.
(3) If damage is caused by a person exercising a power to enter premises, a reasonable amount of compensation is recoverable as a debt owed by the employer of the person to the owner of the premises unless the occupier obstructed the exercise of the power.
(4) If goods are taken from premises by a person who exercises a power to enter the premises, a person otherwise entitled to possession of the goods is, as far as is practicable, to be allowed access to the goods.
(5) This section does not apply to a power conferred by a search warrant issued under the Law Enforcement (Powers and Responsibilities) Act 2002 .
(6) In this section, "certificate of authority" means a certificate that, to enable a person to exercise a power conferred by this Act, is issued to the person:
(a) by the Minister or the Director-General, unless the power is to be exercised on behalf of a local authority, or
(b) by a local authority if the power is to be exercised on behalf of the local authority.



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