Dangerous Substances Act 2004

An inspector who enters premises under this chapter may, for this Act, do 1 or more of the following in relation to the premises or anything at the premises:

examine anything at the premises;

examine and copy, or take extracts from, documents relating to—

the handling of dangerous substances; or

plant or a system used for handling dangerous substances; or

a contravention, or possible contravention, of this Act;

examine and copy, or take extracts from, any packaging, labelling or advertising material;

open (or require to be opened) any container or package that the inspector believes, on reasonable grounds—

contains a dangerous substance or equipment; or

is, or has been, used in relation to the carrying of a dangerous substance;

open or operate (or require to be opened or operated) plant or a system;

take for analysis samples of water, soil or anything else that is part of the environment to find out whether the environment poses a risk to the health or safety of people;

subject to part 6.7 (Taking and analysis of samples), take for analysis samples of anything else (including any substance) at the premises;

carry out any other examination to find out whether this Act has been, or is being, complied with;

take measurements, conduct tests and make sketches, drawings or any other kind of record (including photographs, films, or audio, video or other recordings);

under section 152, seize a thing at the premises;

take onto the premises any people, equipment or material the inspector reasonably needs to exercise a power under this Act;

require a person in charge of the premises, or anyone at the premises, to give information, answer questions, or produce documents or anything else, reasonably needed to exercise the inspector’s functions under this Act;

Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.

require a person in charge of the premises, or anyone at the premises, to give the inspector reasonable assistance to exercise a function under this chapter.

Note 1 At premises includes in or on the premises (see dict).

Note 2 Examine includes inspect, weigh, count, test or measure (see dict).

Note 3 A reference to an Act includes a reference to statutory instruments made or in force under the Act, including any regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).