Powers on entry of place
105 Powers on entry of place
(1) A heritage officer who enters a place under Part 5.2 may do any of the following:
inspect or examine the place or anything found on the place;
(b) break open and search fixtures and fittings, furniture and furnishings or boxes, packages and other containers found on the place;
(c) take measurements of, or conduct tests in relation to, the place or anything found on the place;
(d) take photographs, films or audio, video or other recordings of the place or anything found on the place;
take and remove from the place:
(i) an object the officer reasonably believes is a heritage object for the purpose of the conservation of the object; or
samples for analysis of anything found on the place;
take copies of, or extracts from, documents found on the place;
require a person on the place to:
answer questions or provide information; or
make available documents kept on the place; or
(iii) give the officer reasonable help to exercise powers under this section;
subject to section 106:
seize anything found on the place; or
if the place is an aircraft, vehicle or vessel – seize it.
(2) After taking a sample under subsection (1)(e)(ii) or seizing a thing under subsection (1)(h), the heritage officer must give a receipt for the sample or thing to:
the occupier of the place; or
(b) the person whom the heritage officer reasonably believes was in possession of the sample or thing immediately before it was taken or seized.
(3) A requirement under subsection (1)(g) must be given by written notice.
(4) When making the requirement, the heritage officer must inform the person it is an offence not to comply with the requirement unless the person establishes a reasonable excuse.
(5) A person commits an offence if the person engages in conduct that results in a contravention of the requirement.
Maximum penalty: 100 penalty units.
(6) It is a defence to a prosecution for an offence against subsection (5) if the defendant establishes a reasonable excuse.
(7) Without limiting subsection (6), it is a reasonable excuse for an individual to fail to answer a question under subsection (1)(g)(i) if complying with the requirement might tend to incriminate the individual.
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