Western Australian Consolidated Acts

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HEALTH ACT 1911 - SECT 349

349 .         Entry

        (1)         The CEO, the Executive Director, Personal Health, the Executive Director, Public Health and all public health officials, and the local government and its officers, shall have power to enter from time to time into and upon any house or premises, for the purpose of examining as to the existence of any nuisance or whether any of the provisions of this Act are being contravened, or of executing any work or making any inspection authorised to be executed or made under the provisions of this Act or any regulation, order, or local law, and generally for the purpose of enforcing the provisions of this Act or any regulation, order, or local law, at any time between the hours of 7.00 a.m. and 6.00 p.m. of any day, or in the case of a nuisance or contravention arising in respect of any business, then at any hour when such business is in progress or is usually carried on.

        (2)         Any person who wilfully and unreasonably refuses to admit any such officer to any house or premises commits an offence.

        (3)         For the purpose of making any entry or doing anything authorised under this section, it shall be lawful to employ all such assistance as may be deemed necessary, and (whenever deemed necessary) to use force whether by breaking open doors or otherwise, and to search all parts of any house or premises entered, using such assistance and force as may be deemed necessary for the purpose.

        [Section 349 amended by No. 17 of 1918 s. 50; No. 113 of 1965 s. 8(1); No. 28 of 1984 s. 34; No. 80 of 1987 s. 165; No. 14 of 1996 s. 4; No. 28 of 2006 s. 251.]



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