South Australian Current Acts South Australian Current Acts87—Powers of authorised officers
(1) Subject to this
Division, an authorised officer may—
(a)
enter and inspect any place or vehicle for any reasonable purpose connected
with the administration or enforcement of this Act;
(b) with
the authority of a warrant issued under this Division or in circumstances in
which the authorised officer reasonably believes that immediate action is
required, use reasonable force to break into or open any part of, or anything
in or on any place or vehicle;
(c) give
directions with respect to the stopping or movement of a vehicle as reasonably
required in connection with the administration or enforcement of this Act;
(d) take
and remove samples of any substance or thing from any place or vehicle for
analysis as reasonably required in connection with the administration or
enforcement of this Act;
(e)
require any person to produce any documents, including a written record that
reproduces in an understandable form information stored by computer, microfilm
or other process, as reasonably required in connection with the administration
or enforcement of this Act;
(f)
examine, copy or take extracts from any documents or information so produced
or require a person to provide a copy of any such document or information;
(g) take
photographs, films, audio, video or other recordings as reasonably required in
connection with the administration or enforcement of this Act;
(h)
examine or test any plant, equipment, vehicle or other thing as reasonably
required in connection with the administration or enforcement of this Act, or
cause or require it to be so examined or tested, or seize it or require its
production for such examination or testing;
(i)
seize and retain, or issue a seizure order in respect of,
anything that the authorised officer reasonably suspects has been used in, or
may constitute evidence of, a contravention of this Act;
(ia)
take onto or into any place or vehicle, and use, any equipment or apparatus
(such as drilling, boring, earth-moving, testing, measuring, photographic,
film, audio, video or other recording equipment or apparatus) as reasonably
required in connection with the administration or enforcement of this Act;
(j)
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;
(k)
require a person who the authorised officer reasonably suspects has knowledge
of matters in respect of which information is reasonably required for the
administration or enforcement of this Act to answer questions in relation to
those matters, to state the person's full name and usual place of residence
and to produce evidence of the person's identity;
(l)
require a person holding or required to hold an environmental authorisation to
produce it for inspection;
(m) give
any directions reasonably required in connection with the exercise of a power
conferred by any of the paragraphs above or otherwise in connection with the
administration or enforcement of this Act.
(2) An
authorised officer may not exercise the power of entry under this section in
respect of premises except where—
(a) the
premises are business premises being used at the time in the course of
business; or
(b) the
authorised officer reasonably suspects that—
(i)
a contravention of this Act has been, is being, or is
about to be, committed in the premises; or
(ii)
something may be found in the premises that has been used
in, or constitutes evidence of, a contravention of this Act; or
(c) the
exercise of the power is reasonably required for the purposes of assessing the
existence or causes of known or suspected site contamination; or
(d)
construction, demolition, excavation or other earthworks, or any activity
carried out in preparation for construction, demolition, excavation or other
earthworks, is being or has been carried on at the premises and—
(i)
the works or activity has or may have disturbed,
uncovered or produced waste or pollutants of a kind prescribed by regulation;
or
(ii)
a potentially contaminating activity of a kind prescribed
by regulation has previously taken place there.
(3) An
authorised officer may not exercise the power to enter or inspect, or to
seize, a vehicle except—
(a) in
relation to a vehicle of a class prescribed by regulation; or
(b)
where the authorised officer reasonably suspects that—
(i)
a contravention of this Act has been, is being, or is
about to be, committed in relation to the vehicle; or
(ii)
something may be found in or on the vehicle that has been
used in, or constitutes evidence of, a contravention of this Act.
(4) Where—
(a) a
person whose native language is not English is suspected of having committed
an offence against this Act; and
(b) the
person is not reasonably fluent in English,
the following provisions apply:
(c) the
person is entitled to be assisted by an interpreter during any questioning
conducted by an authorised officer in the course of an investigation of the
suspected offence;
(d)
where it appears that the person may be entitled to be assisted by an
interpreter, an authorised officer must not proceed with any questioning, or
further questioning, until the person has been informed of the right to an
interpreter;
(e) if
the person requests the assistance of an interpreter, an authorised officer
must not proceed with any questioning, or further questioning, until an
interpreter is present.
(5) In the exercise of
powers under this Act an authorised officer may be assisted by such persons as
he or she considers necessary in the circumstances.
(6) An authorised
officer may require an occupier of any place or a person apparently in charge
of any plant, equipment, vehicle or other thing to give to the
authorised officer or a person assisting the authorised officer such
assistance as is reasonably required by the authorised officer for the
effective exercise of powers conferred by this Act.
(7) Where a person
gives assistance to an authorised officer as required under
subsection (6), the person must, if he or she so requires, be reimbursed
by the authorised officer or the Authority for any reasonable costs and
expenses incurred in giving the assistance.
(8) An
authorised officer appointed by a council may only exercise powers under this
Act—
(a)
within the area of the council; and
(b)
within the area of any other council to the extent agreed to, in writing, by
the other council.
(9) Where the exercise
of a power under this section (other than a power exercised with the authority
of a warrant) results in any damage, the Authority or, if the power was
exercised by an authorised officer appointed by a council, the council must
make good the damage as soon as is reasonably practicable or pay reasonable
compensation for the damage.
(10) In this
section—
"construction" includes alteration or refurbishment.