Powers of inspectors
72 Powers of inspectors
An inspector may, on producing his or her identity card:
(a) enter any premises at any time with the consent of an occupier of those premises or enter any premises where a health care service is provided if that place is open for entry; and
(b) exercise all or any of the powers specified in section 73 with the consent of an occupier of those premises.
(2) If an inspector considers on reasonable grounds that there is, or is likely to be, on premises a document or thing that is, or is likely to be, relevant to an investigation and that it is not possible or reasonable in the circumstances to rely on the power in subsection (1), the inspector may apply in writing to a justice of the peace for a warrant.
The justice of the peace may issue a warrant if satisfied that:
(a) the document or thing referred to in the application is, or is likely to be, relevant to the inspector's investigation; and
(b) there are reasonable grounds for believing that the document or thing is, or is likely to be, on the premises referred to in the application; and
(c) it will not be possible or reasonable in the circumstances for the inspector to rely on the power in subsection (1).
(4) A warrant may be made subject to any conditions the justice of the peace considers appropriate.
(5) A warrant issued under this section authorises the inspector named in the warrant, using any assistance that the inspector considers necessary and subject to the conditions to which it is subject, to enter and search the premises specified in the warrant and exercise any of the powers specified in section 73 that are not expressly excluded by the justice of the peace who issued the warrant.
(6) An inspector, when executing a warrant, must permit a person who is an occupier or person in charge of the premises to which the warrant relates to inspect the warrant.
(7) A person must not give, agree to give or offer to an inspector a gift, reward or other inducement to do or abstain from doing anything in relation to an investigation.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
In this section:
investigation means an investigation carried out by an inspector under section 71(2).
occupier, in relation to premises, means a person in legal occupation of the premises.
premises includes a vehicle or vessel.
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