Education Act 2016

In this section – unregistered premises means premises referred to in section 185.

A registration officer, in respect of unregistered premises may, at any reasonable time and without warrant – enter and remain on the premises if the premises are not a residence, using such force as necessary; and search and inspect the premises; and open or break open and search anything on the premises in which a document or other thing that may be relevant to the operation of a non-government school that is not registered may be kept; and examine, make copies of or take extracts from any document on the premises; and seize any document or thing on the premises which appears to the registration officer to be evidence of an offence under section 144; and take photographs, films, visual recordings and audio recordings of the premises and documents and things on the premises but not of any person on the premises; and require any person who apparently works on the premises to give reasonable assistance to the registration officer in exercising his or her powers under this section, including by answering the questions of the registration officer; and if the registration officer has reason to believe that a person who apparently works on the premises has possession of a document which is relevant to an offence under section 144, require the person, in writing, to provide the document, or a copy of the document, as specified in the requirement.

A requirement under subsection (2)(h) may direct that the document or copy be delivered – at a specified place; and to the Registrar or any other registration officer; and within a specified period or by a specified day; and in person, by mail or in another specified manner.

A person must comply with a requirement under subsection (2)(h). Fine not exceeding 20 penalty units.

If any document or thing is obtained or seized under this section, that document or thing, evidence of it or evidence of the obtaining or seizing of it is not admissible against any person in any civil or criminal proceedings, other than proceedings for an offence against this Act.

If asked by a person on, and apparently in charge of, premises entered by a registration officer under this section to produce his or her identity card, the registration officer may not further exercise any powers under this section unless he or she produces the identity card.