New South Wales Consolidated Acts

COAL INDUSTRY ACT 2001 - SECT 26

26 Powers of inspectors to carry out searches

(1) An inspector may enter, at any reasonable time, any premises for the purpose of making an inspection referred to in section 25 and may do any or all of the following:

(a) search the premises,

(b) take photographs, or make sketches, of the premises or any substance or thing at the premises,

(c) inspect any book, record or document kept at the premises,

(d) remove, or make copies of, any such book, record or document.

(2) An inspector may not exercise any powers under this section in relation to premises unless the inspector has:

(a) produced the inspector’s notice of appointment as an inspector for inspection by the occupier of the premises, and

(b) informed the occupier of the purpose of the inspector’s entry of the premises.

(3) An inspector may not, under this section, enter premises that are a residence unless the occupier of the premises has consented to the entry.

(4) An inspector must use no more force than is reasonably necessary in effecting entry on to any premises.

(5) If damage is caused to property by an inspector in exercising a power of entry under this section, reasonable compensation is payable by the approved company of which the inspector is an employee to the owner of the property, unless the damage resulted from, or was connected with, obstruction of the inspector.

(6) In this section, "premises" includes buildings, land and mines.