Energy Safety Act 2006

An investigator may carry out an investigation for the following purposes —

to audit records relating to the payment of a levy;

to gather evidence of a suspected contravention of this Act;

for any other purpose relevant to the administration of this Act.

For the purpose of carrying out an investigation, an investigator may at any time enter land or non‑residential premises.

When an investigator exercises a power of entry under subsection (2), the investigator may do any or all of the following —

search the premises and examine anything on the premises;

take possession of, and remove from the premises, documents, or anything else relevant to the investigation;

take extracts from or make copies of, or download or print out, any documents found in the course of carrying out his or her functions under this Act;

photograph or film anything on the premises;

require any person who is on the premises —

to state his or her full name and address;

to answer (orally or in writing) questions put by the investigator that are relevant to the investigation;

to give the investigator any information in the person’s possession or control that is relevant to the investigation;

to operate or allow the investigator to operate equipment or facilities on the premises for investigation purposes;

to give the investigator any translation, code, password or other information necessary to gain access to or to interpret and understand any document or information located or obtained by the investigator in the course of exercising his or her functions under this Act;

to give other assistance that the investigator reasonably requires to carry out the investigation.

A person who does not comply with a requirement under subsection (3)(e) commits an offence.

If an investigator removes a document or other thing from premises, the investigator must give the person who was in possession of the document or thing a receipt for it.

An investigator must ensure that a person from whom a document or anything else is taken under this section and who would otherwise be entitled to possession of it is given a copy of it, or reasonable access to it, as appropriate.

If an investigator takes a photograph or makes a film under subsection (3)(d), a copy of that photograph or film must be provided to relevant persons.

If an investigator takes possession of anything under this section, the Director of Energy Safety must ensure that it is returned to the person entitled to possession of it as follows —

if it was taken in connection with the prosecution or possible prosecution of a suspected contravention of this Act—as soon as practicable after the relevant prosecution is completed or discontinued or, if no prosecution is commenced, as soon as practicable after the decision is made not to prosecute the suspected contravention;

in any other case—within 28 days after it was taken.