Gas Safety Act 2019

An authorised officer who enters a place under this Part may exercise any one or more of the following powers:investigate whether the provisions of this Act are being, or have been, complied with; inspect, or cause to be inspected, any gas-fitting work or regulated activity; examine and test any gas infrastructure, automotive gas fuel system, gas installation or appliance in the place to ascertain whether the infrastructure, automotive gas fuel system, installation or appliance is safe and complies with the requirements of this Act; investigate an accident suspected to involve gas; investigate a suspected interference with gas infrastructure, an automotive gas fuel system or a gas installation; investigate a suspected theft or diversion of gas; search for, examine and copy, or take an extract from, a document or record of any kind as reasonably required for the purposes of the enforcement of this Act; take photographs or make films or other records of activities in the place and of any gas infrastructure, gas installation or appliance in the place; take possession of anything that may be evidence of an offence against this Act.

If an authorised officer takes possession of an object that may be evidence of an offence – the authorised officer must give the occupier of the place a receipt for the object; and the object must be returned to its owner – if proceedings for an offence are not commenced within 12 months after the authorised officer takes possession of the object, at the end of that 12-month period; or if such proceedings are commenced within that period, on completion of the proceedings, unless the court, on application by the Director, orders confiscation of the object.

A court may order the confiscation of a thing of which an authorised officer has taken possession under subsection (1) if of the opinion that the object has been used for the purpose of committing an offence or that there is some other proper reason for ordering its confiscation.

If the court orders the confiscation of an object – the Director may dispose of the object; and the person from whom the object is confiscated is not entitled to be compensated for its loss.