• Specific Year
    Any

LOCAL GOVERNMENT ACT 2009 - SECT 135 General powers after entering a property

LOCAL GOVERNMENT ACT 2009 - SECT 135

General powers after entering a property

135 General powers after entering a property

(1) This section explains the powers that an authorised person has after entering a property, other than entering a property—
(a) to ask the occupier of the property for permission to stay on the property; or
(b) under section 132 , 133 or 134A .
(2) The authorised person may—
(a) search any part of the property; or
(b) inspect, test, photograph or film anything that is in or on the property; or
(c) copy a document that is in or on the property; or
(d) take samples of or from anything that is in or on the property; or
(e) take into or onto the property any persons, equipment and materials that the authorised person reasonably requires for exercising the authorised person’s powers; or
(f) require the occupier of the property, or a person in or on the property, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) .
(3) An authorised person may exercise a power under subsection (2) only if exercising the power is necessary for the purpose related to the entry of the property.
(4) If a person is required to give reasonable help under subsection (2) (f) , the person must comply with the requirement, unless the person has a reasonable excuse.
Penalty—
Maximum penalty—8 penalty units.
(5) If the requirement is to be complied with by the person giving information or producing a document, it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might incriminate the person.