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s 19

Powers of authorised officers

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Part 6Enforcement and further offences

19 Powers of authorised officers

(1)

An authorised officer may—

(a)

enter and remain in or on any premises, place or vehicle that the officer reasonably suspects is used for, or in connection with, the provision of tattooing services (and, if entry is refused, may employ such force as is reasonably necessary to gain entry); and

(b)

inspect or search the premises, place or vehicle or any equipment or other thing on the premises, place or vehicle; and

(c)

inspect any records kept by a person whom the authorised officer reasonably suspects of providing tattooing services and, for that purpose, require the person, or an employee or agent of the person, to produce the records; and

(d)

examine, copy or take extracts from such records, or require the person, or an employee or agent of the person, to provide a copy of the records; and

(e)

remove and retain such records for so long as is reasonably necessary for the purpose of making a copy or extract of the record;

and

(f)

seize and remove anything that constitutes evidence of an offence against this Act.

(2)

An authorised officer may not exercise the power of entry conferred by this section in relation to residential premises except—

(a)

with the consent of the occupier of the premises; or

(b)

on the authority of a warrant issued by a magistrate under this section; or

(c)

if there are reasonable grounds to suspect that the premises are used on a continuing or regular basis for, or in connection with, the provision of tattooing services.

(3)

A magistrate may issue a warrant for the purposes of this section if satisfied, by information given on oath, that the warrant is reasonably required in the circumstances.

(4)

An authorised officer may, in exercising a power under this section, be accompanied by such assistants as may reasonably be required in the circumstances.

(5)

A person who—

(a)

hinders an authorised officer in the exercise of powers under this

Act; or

(b)

refuses or fails to comply with a requirement made under this section, is guilty of an offence. Maximum penalty: Maximum penalty: $5 000.

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