Health Practitioner Regulation National Law (South Australia) Act 2010

The

Minister may appoint a suitably qualified person to be an authorised officer for the purposes of this Part.

An appointment under this section may be made subject to such conditions or limitations as the Minister thinks fit.

An authorised officer is subject to direction by the Chief Executive.

The

Minister may vary or revoke an appointment at any time.

An authorised officer may investigate any matter relevant to the operation, administration or enforcement of this Part.

For the purposes of an investigation, an authorised officer may—

at any reasonable time, enter and inspect premises on which the authorised officer reasonably suspects an offence against this Part has been or is being committed; or

with the authority of a warrant issued by a magistrate or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on any premises referred to in paragraph (a);

or

while on premises entered under paragraph (a) or (b), seize and retain anything found on the premises that the authorised officer reasonably believes may afford evidence relevant to the matters under investigation; or

require any person who has possession of documents or records relevant to the matters under investigation to produce those documents or records for inspection, including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process; or

inspect any documents or records produced to the authorised officer and retain them for such reasonable period as the authorised officer thinks fit, and make copies of the documents or records; or

require any person who is in a position to provide information relevant to the matters under investigation to answer any question put by the authorised officer in relation to those matters; or

take photographs, films or video or audio recordings; or

if the authorised officer reasonably suspects that an offence against this Part has been or is being committed, require the suspected offender to state his or her full name and address.

An authorised officer must not exercise the power conferred by subsection (6)(a) in relation to any residential premises except with the permission of the occupier of the premises or on the authority of a warrant issued by a magistrate.

A magistrate must not issue a warrant under this section unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances.

The person in charge of premises at the relevant time must give an authorised officer such assistance and provide such facilities as are necessary to enable the powers conferred by this section to be exercised.

Maximum penalty: $5 000.

A person who—

hinders or obstructs an authorised officer in the exercise of powers conferred by this section; or

uses abusive, threatening or insulting language to an authorised officer;

or

refuses or fails to comply with a requirement of an authorised officer under this section; or

when required by an authorised officer to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or

falsely represents, by words or conduct, that he or she is an authorised officer, is guilty of an offence.

Maximum penalty: $5 000.

If a person is required to provide information or to produce a document, record or equipment under this section and the information, document, record or equipment would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless provide the information or produce the document, record or equipment, but the information, document, record or equipment so provided or produced will not be admissible in evidence against the person in proceedings for an offence, other than an offence against this or any other Act relating to the provision of false or misleading information.