South Australian Numbered Acts South Australian Numbered Acts180—Amendment of section 77—Appointment of authorised persons
(1) Section 77(5)(a) and (b)—delete paragraphs (a) and (b) and substitute:
(a) enter, search, inspect and examine any premises, land or vehicle that has been or is intended to be, used for, or in connection with, any operations or activity regulated by this Act and, where necessary for the purpose, break into or open a part of, or anything in, the premises, land or vehicle;
(b) inspect or examine anything;
(2) Section 77(5)(c)—delete "take, and remove from land," and substitute:
seize and retain
(3) Section 77(8), penalty provision—delete "$2 500" and substitute:
$10 000 or imprisonment for 6 months
(4) Section 77(9), penalty provision—delete "$2 500" and substitute:
$10 000 or imprisonment for 6 months
(5) Section 77(10) to (12)—delete subsections (10) to (12) (inclusive) and substitute:
(10) It is not an excuse for a natural person to refuse to answer a question or to provide information under a preceding subsection on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.
(11) However, if compliance with a requirement to answer a question or to provide information might tend to incriminate the person or make the person liable to a penalty, then—
(a) in the case of a person who is required to provide information, including by the production of a document—the fact of the provision of the information or document (as distinct from the information itself or the contents of a document); or
(b) in any other case—the answer given in compliance with the requirement,
is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).
(12) An authorised person may require a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity.
(13) A person of whom a requirement is made under subsection (12)
must comply with the requirement.
Maximum penalty: $5 000.
(14) An authorised person may only exercise a power under subsection (5)(a) in respect of premises on the authority of a warrant issued by a magistrate (including as a warden) or justice.
(15) However, a warrant is not required to exercise a power under subsection (5)(a) in relation to non-residential premises if—
(a) the premises are used by a tenement holder for, or in connection with, operations under this Act; or
(b) the authorised person has reason to believe that, in the circumstances, urgent action is required.
(16) A warrant may not be issued unless the magistrate, warden or justice (as the case may be) is satisfied that the warrant is reasonably required in the circumstances.
(17) An application for the issue of a warrant—
(a) may be made personally, electronically or by telephone; and
(b) must be made in accordance with any procedures prescribed by the regulations.