Northern Territory Numbered Acts

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ELECTRICAL SAFETY ACT 2022 (NO 3 OF 2022) - SECT 168

Powers related to seizures

    (1)     An inspector may do any of the following:

    (a)     move a seized thing from the place of seizure;

    (b)     take reasonable steps to restrict access to a seized thing at the place of seizure;

    (c)     dismantle, or cause to be dismantled, any seized electrical equipment;

    (d)     require the person in control of a seized thing:

        (i)     to take it to a reasonable place by a reasonable time; and

        (ii)     to remain in control of it at the place for a reasonable time.

Examples for subsection (1)(b)

1     Sealing a thing and marking it to show access to it is restricted.

2     Sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted.

    (2)     A requirement imposed on a person under this section must be:

    (a)     made by written notice; or

    (b)     if it is not practicable to give it in writing – made orally and confirmed by written notice as soon as practicable.

    (3)     A person who is required to do something by an inspector under this section must comply with the inspector's requirements.

    (4)     A person commits an offence if the person:

    (a)     is in control of a seized thing; and

    (b)     is required by an inspector to do something under subsection (1)(d); and

    (c)     fails to comply with the inspector's requirements.

Maximum penalty:     100 penalty units.

    (5)     An offence against subsection (4) is an offence of strict liability.

    (6)     If an inspector restricts access to a seized thing, a person must not tamper or interfere with it or something restricting access to it without an inspector's approval.

    (7)     A person commits an offence if:

    (a)     an inspector restricts access to a seized thing; and

    (b)     the person intentionally tampers or interferes with:

        (i)     the thing; or

        (ii)     something restricting access to the thing; and

    (c)     the person does not have an inspector's approval to engage in that conduct.

Maximum penalty:     100 penalty units.

    (8)     Strict liability applies to subsection (7)(a) and (c).



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