Planning, Development and Infrastructure Act 2016

An authorised officer may—

enter and inspect any land or building—

where the authorised officer reasonably suspects that a provision of this

Act is being, or has been breached; or

in the case of an authorised officer who holds prescribed qualifications—for the purpose of inspecting any building work; or

for the purposes of determining that the land or building is safe; or

for any other reasonable purpose connected with the administration or operation of this Act;

subject to subsection (2), where reasonably necessary—

break into or open any part of, or anything in or on, the land or building;

or

pull down or lay open any building or building work;

require any person to produce any documents (which may include a written record reproducing in an understandable form information stored by computer, microfilm or other process) as reasonably required in connection with the administration or enforcement of this Act;

examine, copy or take extracts from any documents or information so produced or require a person to provide a copy of any such document or information;

carry out tests, make measurements or take photographs, films or video recordings as reasonably necessary in connection with the administration or enforcement of this Act;

require a person whom the authorised officer reasonably suspects to have committed, or to be committing or about to commit, any breach of this

Act to state the person's full name and usual place of residence and to produce evidence of the person's identity;

require a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters;

give any directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration or enforcement of this Act.

An authorised officer may only exercise the power conferred by subsection (1)(b) on the authority of a warrant issued by a magistrate unless the authorised officer believes, on reasonable grounds, that the circumstances require immediate action to be taken.

A magistrate must not issue a warrant under subsection (2) unless satisfied, on information given on oath—

that there are reasonable grounds to suspect that a provision of this Act has been, is being, or is about to be, breached; or

that the warrant is otherwise reasonably required in the circumstances.

In the exercise of powers under this Act an authorised officer may be assisted by such persons as may appear to the authorised officer to be necessary or desirable in the circumstances.

An occupier of a building must give to an authorised officer or a person assisting an authorised officer such assistance as is reasonably required for the effective exercise of the powers conferred by this section.

Maximum penalty: $10 000.

Subject to subsection (7), a person who—

without reasonable excuse, hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers under this Act; or

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

without reasonable excuse, fails to obey a requirement or direction of an authorised officer under this Act; or

without reasonable excuse, fails to answer, to the best of the person's knowledge, information and belief, a question put by an authorised officer; or

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

Maximum penalty: $10 000.

It is not a reasonable excuse for a person to fail to answer a question or to produce, or provide a copy of, a document or information as required under this section that to do so might tend to incriminate the person or make the person liable to a penalty.

If compliance by a natural person with a requirement under this section might tend to incriminate the person or make the person liable to a penalty, then—

in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or

in any other case—the answer given in compliance with the requirement, is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).