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—
any reasonable time, enter or inspect any premises or vehicle; and
during the course of the inspection of any premises or vehicle—
ask questions of any person found in the premises or
inspect any article or substance found in the premises or
take and remove samples of any substance or other thing
found in the premises or vehicle; and
require any person to produce any plans, specifications,
books, papers or documents; and
examine, copy and take extracts from any plans,
specifications, books, papers or documents; and
take photographs, films or video recordings; and
take measurements, make notes and carry out tests; and
remove any article that may constitute evidence of the
commission of an offence against this Act; and
require any person to answer any question that may be relevant to—
ascertaining whether the person is suffering from a
notifiable condition; or
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—
the authority of a warrant issued by a magistrate; or
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—
there are reasonable grounds to suspect that an offence against this Act has
been, is being, or is about to be, committed; or
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
hinders or obstructs an authorised officer, or a person assisting an
authorised officer, in the exercise of a power under this section; or
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
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—
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
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).