Powers of entry and inspection
14C Powers of entry and inspection
For the purpose of carrying out an authorised investigation, an authorised officer may—
enter, search, inspect and examine any premises, land or vehicle that has been or is intended to be, used for, or in connection with, any operations or activity regulated by this Act and, where necessary for the purpose, break into or open a part of, or anything in, the premises, land or vehicle; or
inspect or examine anything; or
take photographs, films or videos; or
carry out tests on mines, facilities and equipment;
or
take and remove samples; or
seize and retain any thing that may be evidence of non‑compliance with this Act.
A person must not, without reasonable excuse, obstruct an authorised officer in the exercise of powers under this section. Maximum penalty: $10 000 or imprisonment for
6 months.
A person involved in the operation of a mine must give an authorised officer such assistance as is reasonably required for the effective exercise of a power conferred by this section. Maximum penalty: $10 000 or imprisonment for
6 months.
An authorised officer may only exercise a power under subsection (1)(a) in respect of premises on the authority of a warrant issued by a magistrate (including as a warden) or justice.
A warrant may not be issued unless the magistrate, warden or justice (as the case may be) is satisfied that the warrant is reasonably required in the circumstances.
An application for the issue of a warrant—
may be made either personally or by telephone; and
must be made in accordance with any procedures prescribed by the regulations.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.