South Australian Consolidated Acts

ABORIGINAL HERITAGE ACT 1988 - SECT 17

17—Powers

        (1)         An inspector may, for the purposes of this Act—

            (a)         at any reasonable time enter any land for the purpose of inspecting an Aboriginal site or object or a site or object that the inspector has reason to believe is an Aboriginal site or object;

            (b)         at any reasonable time enter and inspect any land, premises, vehicle or place for the purpose of determining whether a provision of this Act is being or has been contravened or complied with;

            (ba)         at any reasonable time enter and inspect land for the purposes of determining whether an Aboriginal heritage agreement entered into under this Act is being, or has been, complied with;

            (c)         seize and retain—

                  (i)         an Aboriginal object in relation to which the inspector has reason to suspect that an offence has been or is about to be committed;

                  (ii)         anything that affords evidence of an offence against this Act;

            (d)         exercise reasonable force to prevent the commission of an offence against this Act, or the continuance of such an offence;

            (e)         require a person whom the inspector reasonably suspects of having committed or being about to commit an offence against this Act to state the person's full name and usual residential or business address;

            (f)         require a person holding or required to hold an authorisation under this Act to produce that authorisation for inspection.

        (2)         Where an inspector is authorised by the Minister to give directions in relation to a particular Aboriginal site or object, the inspector may, for the purpose of averting harm to the site or object, give reasonable instructions to any person visiting the site or in the immediate vicinity of the site or object.

        (3)         Where anything is seized by an inspector, the inspector must forthwith report the matter to the Minister.

        (4)         In the exercise of powers under this Act an inspector may be assisted by such persons as are, in the inspector's opinion, necessary or desirable in the circumstances.

        (5)         The powers conferred by this section must not be exercised contrary to a direction of the Minister.