Western Australian Current Acts Western Australian Current Acts (1) An inspector may
enter a place —
(a) with
the consent of the occupier or person apparently in charge of the place; or
(b) if a
notice has been given in accordance with subsection (3) and the period
specified in the notice as the period within which objections may be made has
elapsed with no objection being made; or
(c)
under a warrant issued under section 59; or
(d) in
the case of a place occupied by a scientific establishment, at any time; or
(e) in
the case of any other non-residential place, if the inspector reasonably
suspects that an offence under Part 3 —
(i)
has been, or is being, committed at the place; or
(ii)
is likely to be, or to continue to be, committed at the
place if entry is not effected.
(1A) In addition, a
designated inspector may, for the purpose of carrying out the function
referred to in section 37(1)(aa), enter at any time any of the following
places —
(a) if
the inspector believes, on reasonable grounds, that a place is an intensive
production place — the place;
(b) an
abattoir;
(c) a
knackery.
(2) In order to enter
a place under subsection (1)(b), (c), (d) or (e) or (1A) an inspector may
—
(a) use
such force as is reasonably necessary; and
(b)
enter any other non-residential place for the purpose of reaching the place to
be entered.
(3) An inspector
wishing to enter a place may give to the owner or occupier of the place a
notice —
(a)
stating that the inspector wishes to enter the place; and
(b)
specifying the purpose for which entry is required; and
(c)
specifying the period (being not less than 24 hours) within which the owner or
occupier may object to the inspector.
(4) Where a notice has
been given under subsection (3) and no objection has been made to the
inspector within the time specified in the notice —
(a) the
notice continues to have effect until —
(i)
the purpose for which entry was required has been
effected; or
(ii)
7 days after the end of the objection period specified in
the notice,
whichever occurs
first; and
(b)
successive entries for that purpose are to be regarded as entries to which the
notice relates.
[Section 38 amended: No. 5 of 2023 s. 8.]