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s 40

General powers after entering places

In force
Part 5Monitoring and enforcement
Division 2Powers of authorised persons
Subdivision 3General powers

40 General powers after entering places

(1)

This section applies to an authorised person who enters a place.

(2)

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

(3)

For monitoring and enforcing compliance with this Act, the authorised person may—

(a)

search any part of the place; or

(b)

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

(c)

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

(d)

copy a document at the place or take the document to another place to copy it; or

(e)

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

(f)

require an occupier of the place, or a person at the place, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e); or

(g)

require an occupier of the place, or a person at the place, to give the authorised person information to help the authorised person find out whether this Act is being complied with.

(4)

When making a requirement mentioned in subsection (3)(f) or (g), 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.

(5)

If an authorised person takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.

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