General powers on entry
95 General powers on entry
An inspector who enters a place under this Division may do any of the following—
inspect, examine and make enquiries at the place;
inspect and examine any thing (including a document) at the place;
bring any equipment or materials to the place that may be required;
seize any thing (including a document) at the place that may afford evidence of the commission of an offence against this Act or the regulations;
seize any thing at the place for further examination or testing but only if the inspector reasonably believes that the examination or testing is reasonably necessary and cannot be reasonably conducted on site;
take photographs or measurements or make sketches or recordings;
exercise any other power conferred on the inspector by this Act or the regulations;
do any other thing that is reasonably necessary for the purpose of the inspector performing his or her functions or exercising his or her powers under this Act or the regulations.
Note
The powers conferred by this section are limited if all or part of the place is used only for residential purposes (see section 95I).
S. 95A inserted by No. 63/2006 s. 49.
95A Power to require production of documents etc.
An inspector who enters a place under this Division may—
require a person to produce a document or part of a document located at the place that is in the person's possession or control; and
examine that document or part; and
require a person at the place to answer any questions put by the inspector.
A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1).
- In the case of a corporation, 300 penalty units;
In any other case 60 penalty units.
Before requiring a person to produce a document or part of a document or to answer questions under subsection (1), an inspector—
must produce his or her identity card for inspection by the person and warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and
must inform the person that he or she may refuse or fail to answer any question if answering the question would tend to incriminate him or her.
A person is not liable to be prosecuted for an offence against subsection (2) if the inspector concerned failed to comply with subsection (3).
Notes
1 The powers conferred by this section are limited if all or part of the place is used only for residential purposes (see section 95I).
Note 2 to s. 95A(4) amended by No. 69/2009 s. 54(Sch. Pt 1 item 37.1).
2 This section does not affect legal professional privilege or client legal privilege (see section 95T) or, in the case of a requirement to answer questions, the privilege against self-incrimination (see section 95S).
S. 95B inserted by No. 63/2006 s. 49.
This provision refers to the regulations (the regulations
). Made under this Act:
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