General powers after entering a property
135 General powers after entering a property
This section explains the powers that an authorised person has after entering a property, other than entering a property—
to ask the occupier of the property for permission to stay on the property; or
under section 132, 133 or 134A.
The authorised person may—
search any part of the property; or
inspect, test, photograph or film anything that is in or on the property; or
copy a document that is in or on the property; or
take samples of or from anything that is in or on the property; or
take into or onto the property any persons, equipment and materials that the authorised person reasonably requires for exercising the authorised person’s powers; or
require the occupier of the property, or a person in or on the property, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e).
An authorised person may exercise a power under subsection (2) only if exercising the power is necessary for the purpose related to the entry of the property.
If a person is required to give reasonable help under subsection (2)(f), the person must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty—8 penalty units.
If the requirement is to be complied with by the person giving information or producing a document, it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might incriminate the person.
This Act’s bill:Explanatory memorandumSecond reading speech
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