Australian Capital Territory Consolidated Acts

FUELS CONTROL ACT 1979 - SECT 9

    (1)     Where a declaration under section 11 (1) is in force, an inspector may, at any reasonable hour of the day or night—

        (a)     inspect premises at which a prescribed business is carried on, and any books or documents at those premises that relate to that business; and

        (b)     inspect any receptacles or equipment on the premises; and

        (c)     inspect any vehicle that is on the premises, being a vehicle that is so constructed as to be capable of transporting fuel; and

        (d)     require the occupier, or person for the time being in charge of the premises, to inform him or her of the nature of the substance held in any receptacle or equipment on the premises; and

        (e)     require the occupier, or any person employed at the premises, in the presence of the inspector—

              (i)     to open any receptacle or equipment on the premises; and

              (ii)     to measure the contents of any such receptacle or equipment; and

        (f)     require the driver, or the person in charge, of a vehicle referred to in paragraph (c) to inform him or her whether the vehicle is carrying fuel and, if so, inform him or her of the nature of the fuel; and

        (g)     require the driver, or the person in charge, of a vehicle referred to in paragraph (c), in the presence of the inspector—

              (i)     to open any tank or receptacle on the vehicle; and

              (ii)     to measure the contents of the tank or receptacle.

    (2)     A person commits an offence if—

        (a)     the person fails to take reasonable steps to comply with a requirement made of the person by an inspector under subsection (1); and

        (b)     the inspector complies with any request made under subsection (4) (a).

Maximum penalty: 50 penalty units.

Note     The Legislation Act , s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

    (3)     An offence against this section is a strict liability offence.

    (4)     An inspector who enters premises under this section is not authorised to remain on the premises if—

        (a)     the occupier, or the person in charge, of the premises asks the inspector to produce the inspector's identity card; and

        (b)     the inspector does not produce the identity card.