HISTORIC SHIPWRECKS ACT 1981 - SECT 22

HISTORIC SHIPWRECKS ACT 1981 - SECT 22

22—Powers of inspectors

        (1)         An inspector may, as reasonably required for the administration or enforcement of this Act, exercise any of the following powers:

            (a)         at any reasonable time, enter, search and inspect any premises and, if necessary, use reasonable force to break into or open any part of, or anything in or on, the premises;

            (b)         enter and inspect any vehicle, and for that purpose require a vehicle to stop, or to be presented for inspection at a place and time specified by the inspector;

            (c)         board and inspect any vessel and, if necessary—

                  (i)         require a person apparently in charge of the vessel to facilitate the boarding; and

                  (ii)         use reasonable force to break into or open, or require a person to open, any part of, or anything in or on, the vessel;

            (d)         give directions with respect to the stopping, securing or movement of a vehicle, vessel, equipment or other thing;

            (e)         require a person who the inspector reasonably suspects is committing, is intending to commit, or has committed, an offence against this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity;

            (f)         require a person who the inspector reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act to answer questions about those matters;

            (g)         require a person to produce documents, including a written record that reproduces in an understandable form, information stored by computer or other process;

            (h)         examine, copy or take extracts from documents or records so produced or require a person to provide a copy of any such document or record;

                  (i)         require a person holding a permit or other authority or required to hold a permit or other authority to produce the permit or other authority for inspection;

            (j)         take photographs, films or video or audio recordings;

            (k)         give directions required in connection with the exercise of a power conferred by any of the paragraphs above or otherwise in connection with the administration or enforcement of this Act.

        (2)         An inspector may only exercise the power conferred by subsection (1)(a) in respect of residential premises on the authority of a warrant issued by a magistrate or justice.

        (3)         A warrant may not be issued unless the magistrate or justice (as the case may be) is satisfied that the warrant is reasonably required in the circumstances.

        (4)         An application for the issue of a warrant—

            (a)         may be made either personally or by telephone; and

            (b)         must be made in accordance with any procedures prescribed by the regulations.

        (5)         An inspector may in exercising powers under this section be accompanied by such assistants as are reasonably required in the circumstances.

        (6)         An inspector may require an occupier of premises, or a person apparently in charge of any vehicle, vessel, equipment or other thing, to give the inspector or a person assisting the inspector such assistance as is reasonably required by the inspector for the effective exercise of the inspector's powers under this section.

        (7)         A person must not—

            (a)         without reasonable excuse, hinder or obstruct an inspector or other person engaged in the administration or enforcement of this Act; or

            (b)         without reasonable excuse, fail to comply with a requirement or direction of an inspector under this Act; or

            (c)         fail to answer a question put by an inspector to the best of the person's knowledge, information or belief; or

            (d)         produce a document or record that the person knows is false or misleading in a material particular; or

            (e)         use abusive, threatening or insulting language to an inspector, or a person assisting an inspector; or

            (f)         falsely represent, by words or conduct, that the person is an inspector.

Maximum penalty: $10 000.

        (8)         It is a reasonable excuse for a person to refuse or fail to answer a question or to produce, or provide a copy of, a document or information as required under this section on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.