Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 168

Power to enter—risk to public health

    (1)     An authorised officer may for the purpose of investigating whether there is a risk to public health or to manage or control a risk to public health—

        (a)     enter a public place; or

        (b)     with the consent of the occupier, enter any other premises including any residential premises.

    (2)     For the purposes of subsection (1)(b), an authorised officer may in seeking to obtain the consent of the occupier

        (a)     enter land around the premises to the extent that it is reasonable to do so for the purpose of contacting the occupier; or

        (b)     enter a part of the premises which the authorised officer considers can be entered by a member of the public for the purpose of contacting the occupier.

    (3)     An authorised officer who enters a public place or any other premises in accordance with subsection (1) may exercise     any of the powers specified in section 175.

    (4)     For the purposes of this section, "public place" means a place, or part of a place, that—

        (a)     the public is entitled to use; or

        (b)     is open to members of the public; or

        (c)     is used by the public—

whether or not on the payment of any money.



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