South Australian Consolidated Acts South Australian Consolidated Acts19—Powers of authorised officers to inspect and obtain information
(1) An
authorised officer may—
(a)
enter and inspect any land or building—
(i)
where the authorised officer reasonably suspects that a
provision of this Act is being, or has been breached; or
(ii)
in the case of an authorised officer who holds prescribed
qualifications—for the purpose of inspecting any building work; or
(iii)
for the purposes of determining that the land or building
is safe; or
(iv)
for any other reasonable purpose connected with the
administration or operation of this Act;
(b)
subject to subsection (2), where reasonably necessary—
(i)
break into or open any part of, or anything in or on, the
land or building; or
(ii)
pull down or lay open any building or building work;
(c)
require any person to produce any documents (which may include a written
record reproducing in an understandable form information stored by computer,
microfilm or other process) as reasonably required in connection with the
administration or enforcement of this Act;
(d)
examine, copy or take extracts from any documents or information so produced
or require a person to provide a copy of any such document or information;
(e)
carry out tests, make measurements or take photographs, films or video
recordings as reasonably necessary in connection with the administration or
enforcement of this Act;
(f)
require a person whom the authorised officer reasonably suspects to have
committed, or to be committing or about to commit, any breach of this Act to
state the person's full name and usual place of residence and to produce
evidence of the person's identity;
(g)
require a person who the authorised officer reasonably suspects has knowledge
of matters in respect of which information is reasonably required for the
administration or enforcement of this Act to answer questions in relation to
those matters;
(h) give
any directions reasonably required in connection with the exercise of a power
conferred by any of the above paragraphs or otherwise in connection with the
administration or enforcement of this Act.
(2) An
authorised officer may only exercise the power conferred by
subsection (1)(b) on the authority of a warrant issued by a magistrate
unless the authorised officer believes, on reasonable grounds, that the
circumstances require immediate action to be taken.
(3) A magistrate must
not issue a warrant under subsection (2) unless satisfied, on information
given on oath—
(a) that
there are reasonable grounds to suspect that a provision of this Act has been,
is being, or is about to be, breached; or
(b) that
the warrant is otherwise reasonably required in the circumstances.
(4) Where—
(a) a
person whose native language is not English is suspected of having breached
this Act; and
(b) the
person is being interviewed by an authorised officer for the purposes of
criminal proceedings in connection with that suspected breach; and
(c) the
person is not reasonably fluent in English,
the person is entitled to be assisted by an interpreter during the interview.
(5) In the exercise of
powers under this Act an authorised officer may be assisted by such persons as
may be necessary or desirable in the circumstances.
(6) An occupier of a
building must give to an authorised officer or a person assisting an
authorised officer such assistance as is reasonably required for the effective
exercise of the powers conferred by this section to be exercised.
Penalty: Division 6 fine.
(7) Subject to
subsection (8), a person who—
(a)
without reasonable excuse, hinders or obstructs an authorised officer, or a
person assisting an authorised officer, in the exercise of powers under this
Act; or
(b) uses
abusive, threatening or insulting language to an authorised officer, or a
person assisting an authorised officer; or
(c)
without reasonable excuse, fails to obey a requirement or direction of an
authorised officer under this Act; or
(d)
without reasonable excuse, fails to answer, to the best of the person's
knowledge, information and belief, a question put by an authorised officer; or
(e)
falsely represents, by words or conduct, that he or she is an
authorised officer,
is guilty of an offence.
Penalty: Division 6 fine.
(8) It is not a
reasonable excuse for a person to fail to answer a question or to produce, or
provide a copy of, a document or information as required under this section
that to do so might tend to incriminate the person or make the person liable
to a penalty.
(9) If compliance by a
person with a requirement under this section might tend to incriminate the
person or make the person liable to a penalty, then—
(a) in
the case of a person who is required to produce, or provide a copy of, a
document or information—the fact of production, or provision of a copy
of, the document or the information (as distinct from the contents of the
document or the information); or
(b) in
any other case—the answer given in compliance with the requirement,
is not admissible in evidence against the person in proceedings for an offence
or for the imposition of a penalty (other than proceedings in respect of the
making of a false or misleading statement).
(10) A person who
assaults an authorised officer, or a person assisting an authorised officer in
the exercise of powers under this Act, is guilty of an offence.
Penalty: Division 5 fine or division 5 imprisonment, or both.
(11) An
authorised officer, or a person assisting an authorised officer, who—
(a)
addresses offensive language to any other person; or
(b)
without lawful authority hinders or obstructs or uses or threatens to use
force in relation to any other person,
is guilty of an offence.
Penalty: Division 6 fine.