Australian Capital Territory Numbered Acts

PUBLIC HEALTH ACT 1997 (NO. 69 OF 1997) - SECT 76

76. (1) Where an authorised officer has reasonable grounds for believing that it is necessary to do so for the purposes of this Act, he or she may, using such reasonable force and assistance as is necessary—

        (a)     if the officer has reasonable grounds for believing a public health risk activity to be carried on, or a public health risk procedure to be performed, at any place—

              (i)     enter the place at any reasonable time; or

              (ii)     enter the place at any time with the consent of the occupier, or pursuant to a warrant issued under section 80 or 81;

        (b)     in the case of any other place, except a place used, or used in part, for residential purposes—

              (i)     enter the place at any reasonable time; or

              (ii)     enter the place at any time with the consent of the occupier, or pursuant to a warrant issued under section 80 or 81; or

        (c)     in the case of a place used, or used in part, for residential purposes, except a place referred to in paragraph (a)—enter the place at any time with the consent of the occupier, or pursuant to a warrant issued under section 80 or 81.

(2) Where an authorised officer has reasonable grounds for believing that it is necessary to do so for the purposes of this Act, he or she may, using such reasonable force and assistance as is necessary—

        (a)     enter any place at any reasonable time if the officer has reasonable grounds for believing that entry is necessary to deal with a serious public health risk; or

        (b)     enter any place at any time if the officer has reasonable grounds for believing that the circumstances are of such seriousness or urgency as to require immediate entry to the place without the authority of a warrant.

(3) An authorised officer who enters a place pursuant to subsection (1) or (2) is not entitled to remain at the place if, on request by the occupier, the authorised officer does not produce his or her identity card, and, unless the authorised officer is the Chief Health Officer, his or her authorisation, to the occupier.