Northern Territory Consolidated Acts

PUBLIC AND ENVIRONMENTAL HEALTH ACT 2011 - SECT 80

    (1)     This section applies subject to sections 78(7) and 81(7).

    (2)     For the performance of an authorised officer's functions under this Act, an authorised officer may enter a place:

        (a)     other than residential premises at any reasonable time; or

        (b)     with the consent of the owner or occupier; or

        (c)     under the authority of a warrant.

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

        (a)     inspect the place or anything found at the place;

        (b)     open any container, receptacle or package found at the place;

        (c)     require a person who is at the place to state the person's name and address;

        (d)     examine, mark, fasten, secure or take and remove samples of anything found at the place;

        (e)     weigh, count, measure or gauge anything found at the place;

        (f)     require production of any registration or exemption that relates to the owner or occupier of the place;

        (g)     require a person at the place to answer questions, produce a document or thing kept there under the person's control or give any other assistance the officer requires to carry out the inspection;

        (h)     examine, copy or take extracts from a document produced or require a person to provide a copy of the document;

            (i)     take photographs, films or audio, video or other recordings;

        (j)     make any sketches or drawings or any other recording in another way;

        (k)     seize and remove anything found at the place;

        (l)     seal or close off the place;

        (m)     exercise another power prescribed by regulation.

    (4)     The officer may not do anything authorised by this section unless the officer reasonably believes doing so may disclose evidence of, or otherwise relates to, an offence against this Act or is otherwise necessary for this Act.

    (5)     The officer may exercise powers under subsection (2) or (3):

        (a)     with the force that is necessary and reasonable; and

        (b)     either alone or with the number of persons to assist the officer that is necessary and reasonable.

    (6)     To enter a vehicle under subsection (2), the officer may require a person:

        (a)     to stop, move or not move the vehicle; or

        (b)     to bring the vehicle to a stated place and remain in control of the vehicle until the officer permits the person to leave.