Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 171

Announcement before exercising power of entry

    (1)     Subject to subsection (2), before entering any premises in the exercise of a power conferred under this Act or the regulations, an authorised officer must—

        (a)     announce that they are an authorised officer who is authorised under this Act to enter the premises; and

        (b)     give any person in the premises a reasonable opportunity to allow entry to the premises.

    (2)     An authorised officer does not have to comply with subsection (1) if the authorised officer

        (a)     considers that it is not practicable to do so; or

        (b)     believes on reasonable grounds that immediate entry to the premises is required to ensure—

              (i)     the health or safety of any person; or

              (ii)     the effective exercise of the powers of the authorised officer.



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