South Australian Current Acts

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47—Powers of authorised officers

        (1)         An authorised officer may, for any purpose connected with the administration or operation of this Act or with the performance, exercise or discharge of a function, power or duty under this Act—

            (a)         at any reasonable time, enter or inspect any premises or vehicle; and

            (b)         during the course of the inspection of any premises or vehicle

                  (i)         ask questions of any person found in the premises or vehicle; and

                  (ii)         inspect any article or substance found in the premises or vehicle; and

                  (iii)         take and remove samples of any substance or other thing found in the premises or vehicle; and

                  (iv)         require any person to produce any plans, specifications, books, papers or documents; and

                  (v)         examine, copy and take extracts from any plans, specifications, books, papers or documents; and

                  (vi)         take photographs, films or video recordings; and

                  (vii)         take measurements, make notes and carry out tests; and

                  (viii)         remove any article that may constitute evidence of the commission of an offence against this Act; and

            (c)         require any person to answer any question that may be relevant to—

                  (i)         ascertaining whether the person is suffering from a notifiable condition; or

                  (ii)         the administration or enforcement of this Act.

        (2)         In the exercise of powers under this Act, an authorised officer may be accompanied by such assistants as may be necessary or desirable in the circumstances.

        (3)         An authorised officer may use reasonable force to enter any premises or vehicle

            (a)         on the authority of a warrant issued by a magistrate; or

            (b)         if the officer believes, on reasonable grounds, that the circumstances require immediate action to be taken.

        (4)         A magistrate must not issue a warrant under subsection (3) unless satisfied—

            (a)         that there are reasonable grounds to suspect that an offence against this Act has been, is being, or is about to be, committed; or

            (b)         that the warrant is reasonably required in the circumstances.

        (5)         If an authorised officer is inspecting premises or a vehicle under this section, the person in charge of the premises or vehicle must provide such assistance as the authorised officer reasonably requires to facilitate the inspection.

        (6)         A person who—

            (a)         hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of a power under this section; or

            (b)         having been asked a question under this section, does not answer the question to the best of his or her knowledge, information and belief; or

            (c)         being the person in charge of premises or a vehicle subject to an inspection and having been required to provide reasonable assistance to facilitate the inspection, refuses or fails to provide such assistance,

is guilty of an offence.

Maximum penalty: $25 000.

        (7)         A person who furnishes information under this section cannot, by virtue of doing so, be held to have breached any law or any principle of professional ethics.

        (8)         It is not an excuse for a person to refuse or fail to furnish information under this section on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.

        (9)         However, if compliance with a requirement to furnish information might tend to incriminate a person or make a person liable to a penalty, then—

            (a)         in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of, the document or the information (as distinct from the contents of the documents or the information); or

            (b)         in any other case—any answer given in compliance with the requirement,

is not admissible in evidence against the person for an offence or for the imposition of a penalty (other than proceedings in respect of the provision of information that is false or misleading).

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