New South Wales Consolidated Acts

ESSENTIAL SERVICES ACT 1988 - SECT 13

13 Functions of inspectors

(1) The functions conferred under this section on an inspector shall not be exercised except:

(a) where a proclamation has been made by the Governor under section 8:

(i) during the period for which the proclamation remains in force, and

(ii) in relation to the essential service specified in the proclamation, or

(b) where the Governor has by order under section 10 declared that a state of emergency exists:

(i) during the period for which the order remains in force, and

(ii) in relation to the essential service specified in the order.

(2) An inspector may, without any authority other than this section:

(a) enter and inspect any place used, or which may reasonably be believed by the inspector to be used, for or in connection with the provision of an essential service, and

(b) inspect and test any plant or equipment on or in any such place, being plant or equipment which is or may reasonably be believed by the inspector to be used for or in connection with the provision of an essential service, and

(c) require any person on any such place to produce any accounts, records, books or other documents relating to the provision of an essential service, and

(d) take copies of, or extracts or notes from, any such accounts, records, books or other documents, and

(e) require any person on any such place to answer questions or otherwise furnish information relating to the provision of an essential service on, in or from the place, and

(f) require the owner or occupier of any such place to provide the inspector with such assistance and facilities as are reasonably necessary to enable the inspector to exercise the inspector’s functions under this section.

(3) The functions conferred under this section are in addition to and not in derogation from any other functions exercisable apart from this section.