New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010 - SECT 108

108 Powers of authorised officers to enter premises

(1) For the purposes of this Act, an authorised officer--

(a) may enter and inspect any premises, either alone or together with such other persons as the authorised officer considers necessary, and

(b) may inspect any documents that are on the premises and, for that purpose, may direct the occupier of the premises--

(i) to make available for inspection any documents that are in the possession, or under the control, of the occupier, or

(ii) in the case of a document that is not in writing but is capable of being reduced to writing, to produce, and make available for inspection, a written copy of the document, and

(c) may make copies of, or take extracts from, any such documents, and

(d) may, for the purpose of analysis, take samples of any substance found on the premises, and

(e) may examine and inspect any apparatus or equipment on any premises, and

(f) may take such photographs, films and audio, video and other recordings as the authorised officer considers necessary, and

(g) may, for the purpose of collecting evidence of a contravention of this Act or the regulations, take samples of any substance or take possession of any thing that the authorised officer believes may constitute such evidence.

(2) An authorised officer may not exercise a power conferred by subsection (1) unless the authorised officer--

(a) is in possession of a search warrant or an identification card that identifies him or her as an authorised officer, and

(b) produces the warrant or identification card if required to do so by the occupier of the premises, and

(c) gives reasonable notice to the occupier of the premises of intention to exercise the power, unless the giving of notice would defeat the purpose for which it is intended to exercise the power, and

(d) exercises the power at a reasonable time, unless it is being exercised in an emergency.

(4) This section does not authorise entry into any part of premises that is used solely for residential purposes, except--

(a) with the consent of the occupier of the premises, or

(b) under the authority of a search warrant.

(5) An authorised officer who enters any premises in pursuance of this section may do so without paying any admission fee.