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Legislative Assembly for the ACT: 1999 Week 1 Hansard (16 February) . . Page.. 118 ..

MS CARNELL (Chief Minister and Treasurer) (11.58): I move:

Page 6, line 26, clause 9, after proposed new section 22EG insert the following section:

"22EGA. Restriction on power of entry to partly residential premises

`(1) Section 22EG shall be taken not to authorise an authorised officer -

(a) to enter business premises used partly for residential purposes; or

(b) to exercise any powers under that section while on such premises;

unless the authorised officer does so -

(c) with the consent of the occupier of the premises; or

(d) in accordance with a warrant issued under subsection (2).

`(2) Subject to this section, on the application of an authorised officer supported by an affidavit or sworn evidence, a magistrate may issue a warrant authorising the authorised officer, with such assistance of other persons as is reasonably necessary, to enter specified premises (being business premises used partly for residential purposes) and exercise all or any of the powers specified in section 22EG.

`(3) A magistrate may, when issuing a warrant, direct that the warrant shall apply subject to such conditions or limitations as he or she thinks fit to specify, and where the magistrate so directs -

(a) the warrant shall set out those conditions or limitations; and

(b) the warrant shall apply accordingly.

`(4) A magistrate shall only issue a warrant if he or she is satisfied that -

(a) it is just and proper to do so; and

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