South Australian Consolidated Acts South Australian Consolidated Acts22—Powers of inspectors
(1) If an inspector
has reasonable grounds for believing that it is necessary to do so for the
purpose of ascertaining whether an offence against this Act has been or is
being committed or that by doing so evidence in relation to the commission of
such an offence may be obtained, the inspector may, with or without persons
and equipment to assist him or her—
(a) go
on board a ship; and
(b)
require a person in charge of a ship to take steps to facilitate boarding; and
(c)
open, or require a person to open, cargo holds, compartments or containers on
a ship boarded in accordance with paragraph (a) and inspect the contents
of such cargo holds, compartments or containers; and
(d)
require a person found in or on a ship boarded in accordance with
paragraph (a) to produce a permit in force under this Act that is in the
person's possession; and
(e)
require a person to answer questions.
(2) If an inspector
has reason to believe that a person has failed to comply with a notice given
to the person under section 11(1), the inspector may make application to
a Justice of the Peace for a warrant authorising the inspector, with or
without persons and equipment to assist him or her, for the purpose of
ascertaining whether the person has failed to comply with the notice—
(a) to
enter any specified land or premises; and
(b) to
search any land or premises so entered and to break open any cupboard, drawer,
desk, box, package or other receptacle, whether a fixture or not, on the land
or in the premises.
(3) If, on an
application under subsection (2), the Justice of the Peace is satisfied
by information on oath or affirmation that the issue of the warrant is
reasonably required for the purposes of that subsection, the Justice of the
Peace may grant a warrant accordingly.
(4) A warrant under
subsection (3) must specify a date after which the warrant ceases to have
effect.
(5) A person must
not—
(a)
without reasonable excuse, fail to comply with a requirement of an inspector
in the exercise of a power under this section; or
(b) in
answer to a question that the person is required to answer under this section,
make a statement that is false or misleading in a material particular.
Maximum penalty: $1 250.
(6) It is a reasonable
excuse for a person to fail to answer a question that the person is required
to answer under this section that the answer to the question may tend to
incriminate him or her.
(7) A person
who—
(a)
without reasonable excuse, hinders or obstructs an inspector in the exercise
of a power under this section; or
(b)
assaults or threatens an inspector exercising a power under this section,
is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 2 years, or both.
(8) In this
section—
"ship" includes a hovercraft and any similar craft.