AustLII Tasmanian Consolidated Acts

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HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 90B

Authorised officers

(1)  The Heritage Council may appoint a State Service officer or State Service employee to be an authorised officer for the purpose of this Act and that officer or employee may hold that office in conjunction with State Service employment.
(2)  An authorised officer may, if reasonably required for a purpose connected with the administration or enforcement of this Act, enter and inspect any place if –
(a) the occupier of the place consents to the officer's entry; or
(b) the entry is made under a warrant issued under section 90C ; or
(c) the place is a public place and the entry occurs when the place is open to the public.
(3)  An authorised officer may, if reasonably required for a purpose connected with the administration or enforcement of this Act –
(a) take photographs, films or audio, video or other recordings; or
(b) examine or test any air or thing from a place or require the thing to be examined or tested or provided to the officer for examination or testing.
(4)  An authorised officer may require a person to provide to the officer a document, or a copy of a document, in the possession of the person, if the document is reasonably required for a purpose connected with the administration or enforcement of this Act.
(5)  The documents that a person may be required under subsection (4) to provide include, but are not limited to including, a document in writing that reproduces in a comprehensible form information in the possession of the person that is stored by an electronic device, object or process.
(6)  An authorised officer may examine, copy or take extracts from a document provided in accordance with a requirement imposed under subsection (5) or found in the conduct of a search under this Act.
(7)  An authorised officer may require a person to provide information to the officer that is reasonably required for a purpose connected with the administration or enforcement of this Act.
(8)  An authorised officer may only require a person to answer questions in relation to a matter if –
(a) the questions relate to a matter in respect of which information is reasonably required for a purpose connected with the administration or enforcement of this Act; and
(b) the officer reasonably suspects that the person may have the information.
(9)  An authorised officer may require a person who the officer reasonably suspects has committed, is committing, or is about to commit, an offence against this Act to  –
(a) state the person's full name, date of birth and usual place of residence; and
(b) produce evidence of the person's identity.



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