Powers on entry of place
64 Powers on entry of place
(1) An authorised officer who enters a place under Division 2 may do any of the following:
(a) inspect or examine the place or anything found in or on the place;
(b) break open and search fixtures and fittings, furniture and furnishings or boxes, packages and other containers found in or on the place;
(c) take measurements of, or conduct tests in relation to, the place or anything found in or on the place;
(d) take photographs, films or audio, video or other recordings of the place or anything found in or on the place;
(e) take and remove from the place samples for analysis of anything found in or on the place;
if the place is a vehicle – subject to section 65, seize it;
subject to section 65, seize anything found in or on the place;
(h) take copies of or extracts from documents found in or on the place;
require a person in or on the place to:
answer questions or provide information;
make available documents kept on the place; or
(iii) give the officer reasonable help to exercise powers under this section;
(j) direct a person apparently in charge of a machine or other equipment found in or on the place not to operate the machine or other equipment:
until stated repairs have been made; or
until the machine or other equipment meets stated requirements;
(k) direct the occupier of the place to do the following until the period stated in the direction or an extension of that period (neither period exceeding 14 days) has expired:
(i) to stop using a thing found in or on the place and to store it in a stated way;
(ii) to use a thing found in or on the place in a stated way and in no other way;
(l) direct the occupier of the place not to remove a stated thing found in or on the place for the period (not exceeding 14 days) stated in the direction;
(m) destroy or render harmless, or direct the occupier of the place to destroy or render harmless, a thing found in or on the place that poses, or is likely to pose, a threat to the health or safety of persons or a threat of harm to the environment.
(2) After taking a sample under subsection (1)(e) or seizing a thing under subsection (1)(f) or (g), the officer must give a receipt for the sample or thing to:
the occupier of the place; or
(b) the person who the officer reasonably believes was in possession of the sample or thing immediately before it was taken or seized.
(3) A requirement or direction under subsection (1) must be given by written notice.
(4) However, if the officer has entered the place under section 62, the requirement or direction may be given orally but the officer must as soon as practicable confirm the requirement or direction by written notice given to the person.
(5) When making the requirement or giving the direction, the officer must inform the person that it is an offence not to comply with the requirement or direction unless the person has a reasonable excuse.
(6) The person must comply with the requirement or direction unless the person has a reasonable excuse.
Maximum penalty for an offence against subsection (6): If the offender is a natural person – 500 penalty units.
If the offender is a body corporate – 2 500 penalty units.
This Act’s bill:Second reading speech
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