Requirements before certain powers can be exercised
92 Requirements before certain powers can be exercised
This section applies if an authorised person intends to exercise any of the following powers:
giving a direction under section 94 (1) (Direction to give information);
giving a direction under section 95 (1) or (2) (Direction to give name and address);
entering premises under section 96 (1) (b) or (c) (Powers of authorised person to enter premises);
giving a direction under section 98 (1) (e) (General powers on entry to premises).
Before exercising the power, the authorised person must—
either—
show their identity card to the affected person; or
if the authorised person intends to exercise the power other than in person—provide other evidence of the authorised person’s identity to the affected person; and
tell the affected person the reason for exercising the power; and
tell the affected person about any relevant offence in relation to the power.
Examples—exercise of powers other than in person
1 an authorised person emails a person giving them a direction to give information
2 an authorised person emails a person asking for consent to enter and search the person’s premises using a remote-controlled surveillance device
The authorised person must ensure the matters mentioned in subsection (2) are communicated in a way that the authorised person believes the affected person is likely to understand.
In this section:
affected person, in relation to the exercise of a power under this part, means—
the individual affected by the exercise of the power; or
if the person is not an individual—an employee, officer or agent of the person affected by the exercise of the power.
relevant offence means an offence against—
for a direction under section 94 (1)—section 94 (2); or
for a direction under section 95 (1) or (2)—section 95 (3); or
for a direction under section 98 (1) (e)—section 98 (2).
This Act’s bill:Explanatory statementSecond reading speech
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