Australian Capital Territory Repealed Acts

This legislation has been repealed.

OZONE PROTECTION ACT 1991 - SECT 28

Penalty: $100.

Searches—monitoring compliance with Act

29. (1) For the purposes of ascertaining whether the provisions of this Act have been complied with, the Authority or an inspector may, without a warrant—

        (a)     enter, at any reasonable time, premises (other than residential premises)—

              (i)     on which ozone depleting substances are being manufactured, dealt with or used, or articles which contain ozone depleting substances are being serviced; or

              (ii)     on which the Authority or an inspector believes, on reasonable grounds, that such an activity is taking place; or

        (b)     enter any premises at any time with the consent of the occupier.

(2) The Authority or an inspector who enters premises under subsection (1) may—

        (a)     inspect, examine, take measurements of, or conduct tests concerning, the premises, or any ozone depleting substance or thing in or on the premises;

        (b)     require any person on the premises—

              (i)     to give the Authority or the inspector such information; or

              (ii)     to produce to the Authority or the inspector any document containing such information;

relating to any ozone depleting substance or thing in or on the premises as the Authority or inspector, as the case may be, requires;

        (c)     inspect, make copies of, or take extracts from, a document referred to in subparagraph (b) (ii);

        (d)     take such photographs, or make such sketches or recordings, as the Authority or inspector considers necessary;

        (e)     to the extent that it is necessary to inspect or examine, or to take measurements or conduct tests in relation to, any ozone depleting substance in or on the premises—

              (i)     seize the ozone depleting substance, and any container or other thing, and remove them from the premises; or

    (ii)     take (without paying for it) a sample of the ozone depleting substance and remove the sample from the premises;

        (f)     seize any ozone depleting substance that the Authority or the inspector believes on reasonable grounds is connected with an offence against this Act or the regulations and remove it from the premises;

        (g)     seize any ozone depleting substance for the purpose of its disposal where the Authority or inspector believes on reasonable grounds that it is necessary to ensure the minimisation of any risk of damage to the environment; and

        (h)     require the occupier to give the Authority or the inspector such assistance as is necessary and reasonable to enable the Authority or an inspector to exercise powers under this Act or the regulations.

(3) A person shall not, without reasonable excuse, fail to comply with a requirement made of the person under paragraph (2) (h).

Penalty: $5,000 or imprisonment for 6 months.

Consent to entry

30. (1) If the Authority or an inspector requests a person to consent to the Authority or the inspector entering premises under section 29, he or she shall inform the person that the person may refuse consent.

(2) Where the Authority or an inspector obtains the consent of a person for the purposes of section 29, the Authority or inspector, as the case requires, shall ask the person to sign a written acknowledgment—

        (a)     that the person has been informed that he or she may refuse to so consent;

        (b)     that the person has consented; and

        (c)     of the day on which, and the time at which, the person consented.

(3) Where it is material, in any proceedings, for a court to be satisfied of the voluntary consent of a person for the purposes of section 29 and an acknowledgment, in accordance with subsection (2), signed by the person is not produced in evidence, it shall be presumed that the person did not consent, unless the contrary is established.

Receipt for samples