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s 42

Power of entry and inspection

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Part IVEnforcement

42 Power of entry and inspection

(1)

An authorised officer may, at any reasonable hour, —

(a)

enter, inspect and search any premises; and

(b)

stop, board, inspect and search any vehicle, vessel or aircraft; and

(c)

inspect, examine, test, or calibrate any thing which he has reasonable grounds for believing to be, or to be used in connection with, a radioactive substance, irradiating apparatus or electronic product; and

(d)

take without payment such things or samples of any substance as he may consider to be necessary or expedient for examination and testing for the purposes of this Act; and

(e)

make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are being complied with; and

(f)

examine any records which are required to be kept under this Act.

(2)

No power of entry conferred by this section shall be exercisable in respect of any premises except —

(a)

with consent given by or on behalf of the occupier of the premises; or

(b)

under the authority of a warrant granted under this Act; or

(c)

where entry is required in a case of emergency when the person requiring entry has reasonable cause to believe that circumstances exist which are likely to endanger life or health and that immediate entry to the premises is necessary to verify the existence of those circumstances or to ascertain their cause or to effect a remedy.

(3)

Whenever required to do so by any person in respect of whom he has exercised or is about to exercise any of his powers under this Act, an authorised officer shall produce to that person his written authority from the Chief Health Officer.

(4)

Production of a written authority from the Chief Health Officer in the prescribed form is conclusive proof in any court of the appointment of the authorised officer to whom that document relates and of his authority to exercise the powers conferred upon him under this Act.

(5)

In the exercise of his powers under this Act an authorised officer shall conform so far as is practicable to such reasonable requirements of the person owning or using the premises in question as are necessary to prevent the working of the business or the conduct of operations on the premises being obstructed, and before carrying out any test on any premises shall consult with such persons as appear to him to be appropriate in order to secure that the carrying out of the test does not create any danger, but has the power to require that the working of the business or the conduct of the operations shall cease where in his opinion that is necessary to obviate danger.

(6)

Any power of entry conferred by this Act shall, if exercised under the authority of a warrant or in a case of emergency, include power to enter by force if need be.

(7)

Where any thing is taken for examination or testing, and such examination or testing does not result in the destruction of the thing taken or indicate that it is hazardous to health, it shall be returned thereafter as soon as is practicable.

[Section 42 amended: No. 63 of 1981 s. 4; No. 28 of 1984 s. 97; No. 19 of 2016 s. 102.]

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Section 42 — Power of entry and inspection — Radiation Safety Act 1975 (Western Australia) — Barrister AI