Authorised officers
35 Authorised officers
The Secretary may appoint one or more of the following persons as an authorised officer for the purposes of this Act:a State Service officer or State Service employee; any other person the Secretary considers appropriate.
A person appointed as an authorised officer is appointed on such terms and conditions as the Secretary determines.
An authorised officer may do any one or more of the following if reasonably required for the purpose of administering, or enforcing, this Act:enter and inspect premises if – the occupier of the premises has given consent to the entry of the officer; or the entry is in accordance with a warrant; or the premises are a public place and the entry occurs while the premises are open to the public; or the premises are business premises and the entry is during the ordinary business hours for the business operating at the premises; direct that a moving vehicle be stopped and inspected; take photographs, films, video, audio or other recordings; remove a container, or other item, from premises for the purposes of an investigation or for testing; require a person to provide the officer with a document or information, or a copy of a document or information, in an understandable form, that is in the possession or control of the person; examine or copy, or take extracts from, a document or information found in the conduct of a search of premises or provided in accordance with paragraph (e); require a person to answer a question in relation to a matter; require a person to provide such assistance to the authorised officer as is reasonably required by the officer for the effective exercise of the officer’s powers under this Act; require a natural person to – state the person’s full name and usual place of residence; or produce evidence of the person’s identity.
An authorised officer is required to identify himself or herself, if reasonably required to do so by any person, before performing a function, or exercising a power, under this Act.
If an authorised officer removes a container, or other item, in accordance with subsection (3)(d), the authorised officer must give the person who appears to be in possession of the container, or other item, a written receipt that describes the removed container, or item, and its condition.
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.