Northern Territory Consolidated Acts

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ENVIRONMENT PROTECTION (BEVERAGE CONTAINERS AND PLASTIC BAGS) ACT 2011 - SECT 66

Powers on entry of place

    (1)     An authorised officer who enters a place under Division 2 may do any of the following:

        (a)     inspect or examine the place or anything found on the place;

        (b)     break open and search fixtures and fittings, furniture and furnishings or boxes, packages and other containers (of any description) found on the place;

        (c)     take measurements of, or conduct tests in relation to, the place or anything found on the place;

        (d)     take photographs, films or audio, video or other recordings of the place or anything found on the place;

        (e)     take and remove from the place samples for analysis of anything found on the place;

        (f)     if the place is a vehicle – subject to section 67, seize it;

        (g)     subject to section 67, seize anything found on the place;

        (h)     take copies of, or extracts from, documents found on the place;

            (i)     require a person on the place to:

            (i)     answer questions or provide information; or

            (ii)     make available documents kept on the place; or

            (iii)     give the officer reasonable help to exercise powers under this section.

    (2)     After taking a sample under subsection (1)(e) or seizing a thing under subsection (1)(f) or (g), the authorised officer must give a receipt for the sample or thing to:

        (a)     the occupier of the place; or

        (b)     the person whom the officer reasonably believes was in possession of the sample or thing immediately before it was taken or seized.

    (3)     A requirement under subsection (1)(i) must be given by written notice.

    (4)     When making the requirement, the authorised officer must inform the person it is an offence not to comply with the requirement unless the person has a reasonable excuse.

    (5)     A person commits an offence if the person engages in conduct that results in a contravention of the requirement.

Fault element:     The person intentionally engages in the conduct.

Maximum penalty:     100 penalty units.

    (6)     It is a defence to a prosecution for an offence against subsection (5) if the defendant has a reasonable excuse.

    (7)     Without limiting subsection (6), it is a reasonable excuse for an individual to fail to comply with the requirement if complying with the requirement might tend to incriminate the individual.



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