Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 169

Power to enter—monitoring compliance or investigating

    (1)     For the purposes of monitoring compliance with this Act or the regulations and investigating a possible contravention of this Act or the regulations, an authorised officer may enter without a warrant, at any reasonable hour in the daytime or any time that the premises are open to the public, any premises that an authorised officer believes is—

        (a)     used for the provision of prescribed accommodation; or

        (b)     used for conducting a business specified in section 68; or

        (c)     land on which there is a cooling tower system; or

        (d)     used for the business of a pest control operator; or

        (e)     used for conducting a brothel or escort agency; or

        (f)     used for the provision of services by a health service provider.

    (2)     In relation to any possible contravention of the Act or the regulations, an authorised officer may, without a warrant, enter any premises at any time if—

        (a)     the authorised officer believes on reasonable grounds that there may be an immediate risk to public health; and

        (b)     the entry is necessary to enable the authorised officer to investigate, eliminate or reduce the risk.

    (3)     An authorised officer may enter any premises at any time—

        (a)     for the purposes of monitoring compliance with this Act or the regulations, or investigating a possible contravention of this Act or the regulations, with the consent of the occupier; or

        (b)     with a warrant issued under this Act.

    (4)     For the purposes of subsection (3)(a), 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.

Note

See section 187.



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