General powers of authorised officers

In force

(1) Subject to sections 28 and 29, an authorised officer may do any of the following:

(a)

enter and remain on any land;

(b)

move any vehicle;

(c)

inspect any land and anything on the land;

(d)

search any land entered and anything found there;

(e) take photographs and make sketches or other records of land or things found on land;

(f)

take photographs of any person on or in land;

(g) make recordings in any medium, including audio, visual and audio-visual recordings, of land or things found on land;

(h)

inspect and take copies of documents and records;

(i) seize any documents and any computer or other equipment required to access any documents;

(j)

operate any computer or other equipment;

(k) bring equipment or materials on to land and install and maintain equipment or materials;

(l)

measure anything or take samples of anything on land;

(m)

examine or test any equipment, machinery or other thing;

(n)

require a relevant person to:

(i) provide the person's name, address and date of birth and evidence of these; and

(ii) if the relevant person is acting as a member of a partnership – provide the name, address and telephone number of each other partner in the partnership; and

(iii) if the relevant person is acting as a member of the committee of management of an unincorporated body – provide the name, address and telephone number of each other member of the committee of management;

(o) require a person on the land to give the authorised officer reasonable assistance to exercise or perform the authorised officer's powers or functions including:

(i)

by operating any computer or other equipment; and

(ii) by providing any access or assistance to access any computer or other equipment or any service;

(p) authorise a person to provide assistance to the authorised officer in the exercise or performance of the authorised officer's powers or functions;

(q) do any other act or thing or cause anything else to be done that the officer believes on reasonable grounds is necessary for, or incidental to, the exercise of a power mentioned in this Division.

(2)

In this section:

associated person, of a person, means:

(a) if the person is a member of a partnership – a partner of the person; or

(b) if the person is a member of and acting on behalf of an unincorporated body – a member of the committee of management of the body; or

(c) an employee, agent, licensee, contractor or subcontractor of the person or of a partnership or body mentioned in paragraph (a) or (b).

relevant person means:

(a) a person who is on, or in the vicinity of, land entered by the authorised officer under this section; or

(b) a person who the authorised officer suspects on reasonable grounds is travelling to or from the land; or

(d) a person who the authorised officer knows or suspects on reasonable grounds is the holder of a permit, licence or consent under this Act; or

(e) a person who the authorised officer suspects on reasonable grounds is a person who is under investigation for a suspected contravention of this Act; or

(f) a person who the authorised officer suspects on reasonable grounds is a person who is an associated person of a person mentioned in paragraph (c), (d) or (e).

This Act’s bill:Second reading speech

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27 General powers of authorised officers