South Australian Consolidated Acts

PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987 - SECT 38

38—Inspections etc

        (1)         An authorised officer may, for purposes connected with the exercise, performance or discharge of any power, function or duty under this Act—

            (a)         at any reasonable time, enter or inspect any premises or vehicle; and

            (b)         during the course of the inspection of any premises or vehicle—

                  (i)         ask questions of any person found in the premises or vehicle; and

                  (ii)         inspect any article or substance found in the premises or vehicle; and

                  (iii)         take and remove samples of any substance found in the premises or vehicle; and

                  (iv)         require any person to produce any plans, specifications, books, papers or documents; and

                  (v)         examine, copy and take extracts from any plans, specifications, books, papers or documents; and

                  (vi)         take photographs, films or video recordings; and

                  (vii)         take measurements, make notes and carry out tests; and

                  (viii)         remove any article that may constitute evidence of the commission of an offence against this Act; and

            (c)         require any person to answer any question that may be relevant to—

                  (i)         ascertaining whether the person is suffering from a notifiable disease; or

                  (ii)         the administration or enforcement of this Act.

        (2)         In the exercise of powers under subsection (1), an authorised officer may be accompanied by such assistants as may be necessary or desirable in the circumstances.

        (2a)         An authorised officer may use force to enter any premises or vehicle—

            (a)         on the authority of a warrant issued by a magistrate; or

            (b)         if the officer believes, on reasonable grounds, that the circumstances require immediate action to be taken.

        (2b)         A magistrate must not issue a warrant under subsection (2a) unless satisfied, on information given on oath—

            (a)         that there are reasonable grounds to suspect that an offence against this Act has been, is being, or is about to be, committed; or

            (b)         that the warrant is reasonably required in the circumstances.

        (3)         Where an authorised officer is inspecting premises or a vehicle under this section, the person in charge of the premises or vehicle shall provide such assistance as the authorised officer reasonably requires to facilitate the inspection.

        (4)         A person who—

            (a)         hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of a power under this section; or

            (b)         having been asked a question under this section, does not answer the question to the best of his or her knowledge, information and belief; or

            (c)         being the person in charge of premises or a vehicle subject to an inspection and having been required to provide reasonable assistance to facilitate the inspection, refuses or fails to provide such assistance,

is guilty of an offence.

Penalty: Division 6 fine.

        (5)         A person is not required to answer a question under this section if the answer would tend to incriminate him or her.