Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 114

Inspections of land, buildings and places

  (1)   If a commissioner, or a person authorised by a commissioner, enters any land, building or place by consent as described in section   115 or under a warrant issued under section   116, the commissioner or person may:

  (a)   inspect the land, building or place; and

  (b)   inspect any material on the land, or on or in the building or place.

  (2)   However, the commissioner or authorised person may not make the inspection if:

  (a)   the person occupying or in charge of the land, building or place asks the commissioner or authorised person to produce his or her identity card or other written evidence of his or her identity; and

  (b)   the commissioner or person does not produce it.

  (3)   A person (the offender ) commits an offence punishable on conviction by imprisonment for not more than 6 months if:

  (a)   the offender obstructs or hinders another person; and

  (b)   the offender knows the other person is a commissioner, or a person authorised by a commissioner, acting under subsection   (1) or a warrant issued under section   116.

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   Subsection   4B(2) of the Crimes Act 1914 lets a court that convicts an individual of an offence impose a fine instead of, or as well as, imprisonment. The maximum fine (in penalty units) the court can impose is 5 times the maximum term of imprisonment (in months).


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback