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Contents (2012 - 74)
Boarding Houses Act 2012 No 74
Current version for 7 July 2017 to date (accessed 18 July 2018 at 22:44)
Part 4 Division 3 Subdivision 3
Subdivision 3 Powers of entry
76   Powers of entry and inspection by enforcement officers without consent or warrant
(cf YCS Act, s 25 (2)–(4))
(1)  The following premises may be entered under this section:
(a)  an authorised boarding house,
(b)  premises that are the subject of an application for a boarding house authorisation.
(2)  An enforcement officer may, at any time and with such assistants (including police officers) as may reasonably be required, enter such premises and do any of the following for an enforcement purpose:
(a)  inspect the premises and any plant, equipment, vehicle or other thing,
(b)  photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises,
(c)  inspect and make copies of, or take extracts from, any document kept at the premises,
(d)  take any document or any other thing at the premises,
(e)  ask a person at the premises:
(i)  to answer a question to the best of that person’s knowledge, information and belief, or
(ii)  to take reasonable steps to provide information or produce a document.
(3)  Without limiting subsection (2), an enforcement officer exercising functions under this section may be accompanied by one or more medical practitioners and any such medical practitioners may inspect the premises and observe, examine and speak with any person apparently residing at the premises.
(4)  A power under subsection (2) (a), (b), (c) or (d) is limited to a document or thing that is used or likely to be used in the management or operation of the premises.
(5)  If the enforcement officer takes any document or thing under this section, he or she must:
(a)  give notice of the taking of the document or thing to the person apparently in charge of it or to a manager of the premises, and
(b)  return the document or thing to that person or the premises within 7 days after taking it.
(6)  An enforcement officer may not enter and inspect an unauthorised boarding house unless:
(a)  the enforcement purpose for which the officer is entering the boarding house is to make an inquiry in relation to an application for a boarding house authorisation for the boarding house, or
(b)  the manager of the boarding house consents to the entry and the inspection, or
(c)  the officer is doing so under the authority of a search warrant.
(7)  In this section:
enforcement purpose means any of the following purposes:
(a)  making an inquiry in relation to an application for a boarding house authorisation for premises,
(b)  ensuring that the provisions of this Part and the regulations for this Part with respect to premises, and of any conditions imposed on a boarding house authorisation or other authority with respect to premises, are being complied with,
(c)  ensuring that the conditions of any exemption relating to premises are being complied with.
77   Powers of entry by authorised service providers without consent or warrant
(1)  The Secretary may, by instrument in writing (the authorisation instrument), authorise a person (an authorised service provider) to enter authorised boarding houses under this section if the Secretary is of the opinion that the person is able to provide relevant information or advice to residents of such boarding houses about support services, financial services, legal services or advocacy services provided by the person or the organisation to which the person belongs.
(2)  The authorisation of an authorised service provider:
(a)  is subject to any requirements of this section and to such conditions as may be specified in the authorisation instrument, and
(b)  remains in force for the period specified in the authorisation instrument (being a period not exceeding 12 months), unless sooner revoked or surrendered.
(3)  An authorised service provider may, at any reasonable time and subject to the conditions of the authorisation:
(a)  enter an authorised boarding house for the purpose of conferring with any resident of the boarding house to determine whether the resident wishes to access the services provided by the provider or the organisation to which the provider belongs, and
(b)  provide such services, or arrange for the organisation to provide such services, if a resident wishes to access the services.
(4)  An authorised service provider must give the authorised operator or approved manager of the authorised boarding house at least 24 hours notice of the provider’s intention to enter the boarding house.
(5)  When entering an authorised boarding house under this section, an authorised service provider must identify (or make a reasonable attempt to identify) himself or herself to the manager or any other person apparently in charge of the boarding house.
(6)  An authorised service provider must produce his or her authorisation instrument for inspection on demand when exercising his or her functions under this section.
(7)  The Secretary may, by notice served on the authorised service provider, revoke the authorisation of the provider at any time and for any reason.
(8)  It is a condition of a boarding house authorisation and a manager approval that the authorised operator and approved manager of an authorised boarding house permit an authorised service provider to enter, and confer with residents of, the authorised boarding house in the manner authorised by or under this section.
78   Entry and inspection under search warrant
(cf YCS Act, s 25 (7))
(1)  An enforcement officer may (with the written consent of the Secretary) apply to an authorised warrants officer for a search warrant if the enforcement officer has reasonable grounds for believing that a provision of this Part or the regulations for this Part has been or is being contravened at any premises.
(2)  An authorised warrants officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an enforcement officer named in the warrant:
(a)  to enter the premises, and
(b)  to search the premises for evidence of a contravention of this Part or the regulations for this Part, and
(c)  to exercise the powers conferred on an enforcement officer by section 76.
(3)  Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
(4)  Without limiting the generality of section 71 of the Law Enforcement (Powers and Responsibilities) Act 2002, a police officer:
(a)  may accompany an enforcement officer executing a search warrant issued under this section, and
(b)  may take all reasonable steps to assist the enforcement officer in the exercise of the officer’s functions under this section.
(5)  In this section:
authorised warrants officer means an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002.