Honorary wardens
62 Honorary wardens
[(1) deleted]
The CEO may appoint any person to be an honorary inspector under this Act in relation to any portion of the State other than the development control area or the Riverpark.
An honorary warden may exercise such of the powers conferred on an inspector by this Act as are prescribed within the limitation as to authority and area of jurisdiction specified in the terms of his appointment.
Every person appointed to be an honorary warden under this Act shall be furnished with a certificate in the prescribed form evidencing his appointment and shall produce that certificate whenever required so to do by any person in respect of whom he has exercised or is about to exercise any of his powers under this Act.
In any proceedings under this Act production of a certificate in the prescribed form is conclusive evidence in any court of the appointment of the honorary warden to whom the certificate relates and of his authority to exercise the powers specified in that certificate.
[Section 62 amended: No. 21 of 1988 s. 33; No. 52 of 2006 s. 6; No. 38 of 2007 s. 176.]
63. Powers of inspectors etc.
A reference in this section to an inspector shall be construed as including a reference to —
[(a), (b) deleted]
an honorary warden, acting within the limitations specified in the terms of his appointment; and
a person authorised pursuant to section 61(5).
Any inspector in addition to such other powers and duties as may from time to time devolve upon him under this Act, or as may be prescribed, may, together with any person he may think competent to assist him in making any inspection or examination, enter any premises with the consent of the occupier and may therein or thereon —
examine and inspect any equipment, industrial plant, or process; and
make such examination and inquiry and tests, and ask such questions, and request such information as he considers necessary or desirable,
to the extent required to ascertain whether the provisions of this Act or any requirement or order made under or pursuant thereto or the conditions attached to any exemption granted thereunder are being or have been complied with.
In the exercise of his powers under subsection (2) an inspector 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.
The occupier of any premises and any person in charge or apparently in charge of any premises shall furnish all reasonable assistance and all relevant information that he is capable of furnishing to any inspector acting in the exercise of his powers and the discharge of his duties under this Act.
An inspector, by notice in writing served on the occupier of any premises, may require the occupier to furnish to the Minister within the period specified in that notice, such information as to any equipment, industrial plant, or process in or on the premises as is specified in that notice.
Where it is shown to the satisfaction of a justice that admission to the premises in question has been refused following a request by an inspector for entry thereto, or that the premises are unoccupied, the justice may, by warrant under his hand authorise that inspector or any other person named in the warrant to enter upon the premises, and a warrant granted under this subsection continues in force until the purpose for which it was granted has been satisfied.
An inspector who finds a person committing an offence against this Act, or who on reasonable grounds suspects that an offence against this Act has been committed or is about to be committed, may without warrant other than the provisions of this subsection —
stop, detain and search any vehicle, vessel or conveyance; and
remove any vehicle, animal or other thing from the waters or land; and
enter and search any tent, caravan or other erection which is not permanent,
but an inspector, shall not exercise any power specified in paragraph (a), (b) or (c) unless he has first taken all reasonable steps to communicate to the owner or person in charge of the vehicle, animal, vessel, conveyance, tent, caravan or other thing concerned his intention to exercise the power and his reasons for believing that he is authorised to exercise the power.
The offices referred to in subsection (1) are each prescribed to be public officers for the purposes of the Criminal Investigation (Identifying People) Act 2002 and as such may exercise the powers in Part 3 of that Act.
If the person making a statement pursuant to this section objected to making that statement, at the time of making it, on the ground that it might tend to incriminate him, it shall not be admissible in evidence in any prosecution against that person for any offence not being the offence of contravening or failing to comply with the provisions of this section.
[Section 63 amended: No. 6 of 2002 Sch. 2 cl. 6; No. 38 of 2007 s. 177.]
64. Duty of police officers etc.
It is the duty of the members of the Police Force of the State, and of all other persons authorised by section 61(5) to exercise the power of an inspector, who find a person committing or attempting to commit, or who on reasonable grounds suspect a person of having committed or attempted to commit, an offence against the provisions of this Act to demand from the person his name and address, and immediately to report the offence or attempt and the name and address of the person to the Minister.
[Section 64 amended: No. 38 of 2007 s. 178.]
This provision refers to the regulations (prescribed form
). Made under this Act:
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