South Australian Current Acts South Australian Current Acts33B—Powers of authorised officers
(1) Subject to this
Division, an authorised officer may—
(a)
enter and inspect any land for any reasonable purpose connected with the
administration or enforcement of this Act; and
(b) give
directions with respect to the stopping or movement of a vehicle that—
(i)
has been used in, or is suspected by the authorised
officer of having been used in, the clearance of native vegetation; or
(ii)
is carrying a plant, or any part of a plant, comprising
native vegetation,
as reasonably required in connection with the administration or enforcement of
this Act; and
(c) take
samples of any plant or any part of any plant from any land, for
identification and analysis as reasonably required in connection with the
administration or enforcement of this Act; and
(d) with
the authority of a warrant issued under section 33C require any person to
produce specified documents or documents of a specified kind, 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; and
(e) with
the authority of a warrant issued under section 33C examine, copy or take
extracts from any documents so produced or require a person to provide a copy
of any such document or information; and
(f) take
photographs or films or make audio, video or other recordings as reasonably
required in connection with the administration or enforcement of this Act; and
(g) dig
up any land by the use of hand-held equipment for the purpose of taking
samples; and
(h) with
the authority of a warrant issued under section 33C, to the extent to
which it is reasonably required, take mechanical equipment on to any land and
dig up the land, or any part of it, for the purposes of taking samples that
the authorised officer reasonably suspects may constitute evidence of a breach
of this Act;
(i)
in addition to the powers under a preceding paragraph,
seize and retain anything that the authorised officer reasonably suspects may
constitute evidence of a breach of this Act; and
(j)
require a person who the authorised officer reasonably suspects has committed,
is committing or is about to commit, a breach of this Act to state the
person's full name and usual place of residence; and
(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; and
(l) give
any directions reasonably required in connection with the exercise of a power
conferred by any of the paragraphs of this subsection or otherwise in
connection with the administration or enforcement of this Act.
(2) Without limiting
subsection (1)(a), an authorised officer may enter and inspect any land
for the purpose of determining whether a heritage agreement entered into under
this Act or entered into in compliance with a condition of consent to clear
native vegetation under the repealed Act is being, or has been, complied with.
(3) An authorised
officer must not exercise a power conferred by subsection (1)(a) or (2)
in respect of residential premises.
(4) Where an
authorised officer enters land and takes samples of any plant or any part of
any plant for identification and analysis, the authorised officer must take
reasonable steps to provide the owner of land with a reasonable amount of
information about his or her actions.
(5) Where an
authorised officer enters land and takes photographs or films or makes audio,
video or other recordings, the authorised officer must, as soon as reasonably
practicable after entering the land—
(a)
serve notice on the owner or occupier of the land informing him or her of the
date on which the authorised officer entered the land; and
(b)
provide the owner or occupier with a copy of the photographs, films, audio,
video or other recordings (if any) taken or made by the authorised officer
when on the land.
(6) A copy provided
under subsection (5)(b) must be in an electronic form unless the Minister
authorises it to be provided in some other form.
(7) Where an
authorised officer digs up any land under subsection (1), the authorised
officer must, after taking such steps as the authorised officer thinks fit in
the exercise of powers under that subsection, insofar as is reasonably
practicable, take steps to ensure that the land is restored to such state as
is reasonable in the circumstances.
(8) Before an
authorised officer requires a person to answer questions under
subsection (1)(k), the authorised officer must inform the person of his
or her right to decline to answer any question that might tend to incriminate
the person or to make the person liable to a criminal penalty.
(9) 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.
(10) 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.
(11) An authorised
officer may require an occupier of any land 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.
(12) Where a person
gives assistance to an authorised officer as required under
subsection (11), the person must, if he or she so requires, be reimbursed
by the authorised officer or the Minister for any reasonable costs and
expenses incurred in giving the assistance.