Power of entry
156 Power of entry
(1) For the purposes of performing functions under this Act, an inspector may:
(a) enter, examine and search the premises of the responsible entity; and
(b) examine and take copies of any records or other documents relating to the cemetery or facility.
(2) The responsible entity for a cemetery or facility must, at the request of an inspector and within the reasonable period specified in the request:
(a) do anything reasonably necessary to facilitate the exercise of powers under subsection (1); or
(b) answer any reasonable question related to the compliance review or the investigation asked by the inspector; or
(c) produce any specified record or documentary material relevant to the compliance review or the investigation; or
give any other assistance the inspector reasonably requires; or
any combination of the above.
A request under subsection (2) must be in writing.
(4) A person commits an offence if the person fails to comply with a request under subsection (2).
Maximum penalty: 100 penalty units.
(5) An offence against subsection (4) is an offence of strict liability.
(6) It is a defence to a prosecution for an offence against subsection (4) if the defendant took reasonable steps to comply with the request under subsection (2).
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.