South Australian Consolidated Acts South Australian Consolidated Acts17—Powers of authorised officers
(1) An authorised
officer may—
(a) for
the purpose of determining whether a provision of this Act is being or has
been complied with, enter at any time into or upon and inspect any premises or
vehicle or anything in or on the premises or vehicle; and
(b) if
reasonably necessary for that purpose, break into or open any part of, or
anything in or on, the premises or vehicle, or, in the case of a vehicle, give
directions with respect to the stopping or moving of the vehicle; and
(c) for
the purpose of determining whether a provision of this Act is being or has
been complied with—
(i)
remove and examine, analyse or test anything or cause it
to be examined, analysed or tested;
(ii)
require a person to answer a question put to the person
(whether directly or through an interpreter);
(iii)
require a person to produce for inspection any books,
documents or records in the person's custody or control;
(iv)
copy and take extracts from books, documents or records;
and
(d) if
the officer suspects on reasonable grounds that an offence against this Act
has been committed, seize and retain anything that affords evidence of the
offence, or in relation to which the offence is suspected of having been
committed; and
(e)
require a person holding or required to hold an authority to produce the
authority for inspection; and
(f) give
such directions as are reasonably necessary for, or incidental to, the
effective exercise of the officer's powers under this Act.
(2) An authorised
officer must not exercise a power conferred by subsection (1)(a) or (b)
except—
(a) in
pursuance of a warrant issued by a justice; or
(b) in
relation to premises or a vehicle used in the course of—
(i)
a business, operation or activity carried on in pursuance
of an authority; or
(ii)
mining or prospecting operations; or
(c) in a
case in which the authorised officer has reasonable grounds to believe that
urgent action is required.
(3) A justice may, on
the application of an authorised officer, issue a warrant authorising the
exercise of powers under subsection (1)(a) or (b) if satisfied that the
warrant is reasonably required for purposes related to the administration or
enforcement of this Act.
(5) In the exercise of
powers under this Act, an authorised officer may be accompanied by such other
persons as the officer considers necessary or desirable in the circumstances.
(6) A person must not
hinder or obstruct an authorised officer, or a person accompanying an
authorised officer, in the exercise of powers under this Act.
Maximum penalty: $10 000.
(7) Subject to
subsection (8), a person to whom a question is put under this section
must not refuse or fail to answer the question to the best of the person's
knowledge, information or belief.
Maximum penalty: $10 000.
(8) A person is not
required to answer a question if the answer to the question would tend to
incriminate the person.
(9) A person given a
direction, or of whom a requirement is made, under this section must not
refuse or fail to comply with the direction or requirement.
Maximum penalty: $10 000.
(10) If anything has
been seized under this section the following provisions apply:
(a)
if—
(i)
proceedings are not instituted for an offence against
this Act related to the thing seized within 12 months after its seizure; or
(ii)
proceedings having been so instituted, the thing seized
is not ordered to be forfeited to the Crown,
the person from whom it was seized or a person with legal title to it is
entitled to recover it, or, if it has been destroyed or damaged or has
deteriorated, to recover from the Minister by action in a court of competent
jurisdiction compensation for the loss suffered;
(b) a
court convicting a person of an offence against this Act related to the thing
seized may, in addition to imposing a penalty, order that it be forfeited to
the Crown;
(c) if
anything is ordered to be forfeited to the Crown, it will be disposed of in
such manner as the Minister directs, and, if sold, the proceeds of the sale
will be paid into the Consolidated Account.