South Australian Numbered Acts

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WATER INDUSTRY ACT 2012 (NO 9 OF 2012) - SECT 76

76—Inspection powers

        (1)         An authorised officer who enters a place under this Part may—

            (a)         ask questions of any person found in the place; and

            (b)         inspect, examine or test any infrastructure, plumbing, equipment, product, materials or other thing, or any substance, located or found at the place; and

            (c)         require any person to state his or her full name and address and to produce evidence of his or her identity; and

            (d)         take and remove samples of any substance or other thing found or located at the place; and

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

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

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

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

                  (i)         disconnect, close, turn off or remove any infrastructure or equipment; and

            (j)         open or reconnect any infrastructure or equipment; and

            (k)         remove any substance or object that may constitute evidence of the commission of an offence against this Act; and

            (l)         exercise any other power prescribed by the regulations.

        (2)         If an authorised officer takes possession of an object that may be evidence of an offence—

            (a)         the authorised officer must give the occupier of the place a receipt for the object; and

            (b)         the object must be returned to its owner

                  (i)         if proceedings for an offence are not commenced within 6 months after the authorised officer takes possession of the object—at the end of that period; or

                  (ii)         if such proceedings are commenced within that period—on completion of the proceedings, unless the court, on application by the Minister, Commission or Technical Regulator, orders confiscation of the object.

        (3)         A court may order the confiscation of an object of which an authorised officer has taken possession under subsection (1) if of the opinion that the object has been used for the purpose of committing an offence or there is some other proper reason for ordering its confiscation.

        (4)         If the court orders the confiscation of an object, the Minister, the Commission or Technical Regulator may dispose of the object.

        (5)         A person who—

            (a)         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

            (b)         being the person in charge of a place subject to an inspection and having been required to provide reasonable assistance to facilitate the inspection, refuses or fail to provide such assistance,

is guilty of an offence.

Maximum penalty: $10 000.

Division 3—Specific powers in relation to infrastructure and equipment



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