Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) An inspector or a police officer may at any reasonable time do any of the following:
(a) subject to subsection (2), enter and search any premises or vehicle, or examine any container, fixture or fitting, in which the inspector or police officer suspects on reasonable grounds that dangerous goods may be found;
(b) subject to subsection (3), take without payment, for the purpose of examination or testing, samples of any substance or article that is a dangerous good or that the inspector or police officer suspects on reasonable grounds is a dangerous good or an ingredient of a dangerous good, and, in exercising his or her powers under this paragraph, open any container;
(c) subject to subsection (3), seize, remove or detain any substance or article that the inspector or police officer suspects on reasonable grounds to be dangerous goods and any container or vehicle in which the substance or article is being kept or transported, if he or she suspects on reasonable grounds that there has been a contravention of this Act in relation to the substance or article;
(d) for the purposes of paragraph (c), direct the occupier of any premises where the substance or article is seized, or the owner of the substance or article, to keep it on those premises or on other premises, or in a place on such premises, being premises or a place under the control of the occupier or owner and where the inspector or police officer is reasonably satisfied the substance or article may be kept with least danger to the public safety;
(e) give directions in relation to the detention of any substance, article, container or vehicle that has been detained under paragraph (c);
(f) give to the occupier or licensee of licensed premises directions (including written directions) in relation to the premises or the keeping of dangerous goods in the premises;
(g) with the consent of the Minister, and at the cost of the owner or person in possession of the dangerous goods, destroy or render harmless or give directions for the destruction or rendering harmless of, any dangerous goods if—
(i) the inspector or police officer believes on reasonable grounds that it is necessary in the public interest or for the safety of any person so to do; or
(ii) the owner of the goods authorises the inspector or police officer in writing so to do;
(h) exercise the power given to the inspector or police officer by paragraph (g) without the consent of the Minister if imminent danger to the public or any person exists;
(i) make inquiries and require persons to answer questions relating to compliance with this Act;
(j) if loss of life, injury to a person, damage to any property or danger to the public occurs involving dangerous goods—make the inquiries relating to that loss of life, injury, damage or danger that the inspector or police officer believes on reasonable grounds to be necessary and, subject to subsection (2), for that purpose enter any premises or vehicle;
(k) require the production of any licence or permit or any book, record or writing required by the regulations to be held or kept and inspect, examine and take copies of or extracts from it.
(2) Unless an inspector or a police officer believes on reasonable grounds there is imminent danger to the public or to anyone, the inspector or police officer must not enter a house under the power given under subsection (1) (a) or (j) except under the authority of a search warrant issued under section 42.
(3) An inspector or a police officer may take samples of substances or articles under subsection (1) (b), or remove substances, articles, containers or vehicles under subsection (1) (c), that appear to be in someone's custody only if the inspector or police officer gives (or offers to give) the person a receipt.
(4) The amount of the cost of destroying or rendering harmless any dangerous goods under subsection (1) (g) is an amount payable to the Territory by the owner or person in possession of the dangerous goods.
(6) A person is not excused from answering a question that the person is required to answer by an inspector under subsection (1) (i) on the ground that the answer to the question would incriminate, or would tend to incriminate, the person but no such answer may be used in any proceedings against the person, other than in proceedings for an offence against section 32 (1) (e).
(7) An inspector who enters premises or a vehicle under this section is not authorised to remain in the premises or vehicle, and a person is not required to comply with any requirement made by the inspector under this section, if the inspector does not produce his or her identity card for inspection when asked to do so by the occupier or person in charge of the premises or vehicle.