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s 263

General powers after entering places

In force
Chapter 7Investigation and enforcement
Part 2Powers of authorised persons
Division 3Powers for entry to all places

263 General powers after entering places

(1)

This section applies to an authorised person who, under this part, may enter or has entered a place.

(2)

However, if an authorised person enters a place to ask the occupier’s consent to enter premises, this section applies to the authorised person only if the consent is given or the entry is otherwise authorised.

(3)

For monitoring or enforcing compliance with this Act, the authorised person may do any of the following—

(a)

search any part of the place;

(b)

inspect, measure, test, photograph or film any part of the place or anything at the place;

(c)

mark or seal a container or other thing at the place;

(d)

open a container if the authorised person considers it is necessary for exercising a power under this part;

(e)

take a thing, or a sample of or from a thing, at the place for analysis or testing;

(f)

take extracts from, or make copies of, a document at the place;

(g)

take into the place the equipment, persons or materials the authorised person reasonably requires for exercising a power under this part;

(h)

require the occupier of the place, or a person at the place, to give the authorised person—

(i)

reasonable help to exercise the authorised person’s powers under paragraphs (a) to (g); or

(ii)

information to help the authorised person ascertain whether the Act is being complied with.

(4)

When making a requirement mentioned in subsection (3)(h), the authorised person must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.

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