EQUIPMENT (PUBLIC SAFETY) ACT 1994
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 4 Act binds the Crown
- 5 Application
- 6 Objects of Act
PART 2--EQUIPMENT AND PUBLIC SAFETY
PART 3--INSPECTORS AND ENFORCEMENT
Division 1--Appointment of inspectors
Division 2--Performance of functions or exercise of powers
Division 3--Powers relating to entry
- 14 Power to enter
- 14A General powers on entry
- 14B Power to require production of documents and answers to questions
- 14C Power to take samples
Division 4--Procedure relating to entry
- 15 Announcement on entry
- 15A Report to be given about entry
Division 5--Search warrants
- 16 Issue of search warrants
- 16A Announcement before entry on warrant
- 16B Copy of warrant to be given to person in control of place to be searched
Division 6--Limitation on entry powers
Division 7--Return and forfeiture of seized things
- 18 Return of seized things
- 18A Forfeiture of seized things
Division 8--Powers to issue notices
- 19 Power to issue non-disturbance notice
- 19A Power to issue improvement notice
- 19B Power to issue prohibition notice
- 19C Directions or conditions in notices
- 19D Variation or cancellation of notices
- 19E Issue of notices
- 19F Formal irregularities or defects in notices
- 19G Proceedings for offences not affected by notices
- 19H Injunctions for non-compliance with notices
Division 9--Other powers
- 20 Power to require name and address
- 20A Power to give directions
Division 10--Other matters
Division 11--Offences
- 22 Offences in relation to inspections
- 22A Offence to impersonate inspector
Division 12--Protections concerning self‑incrimination, legal professional privilege and client legal privilege
- 23 Protection against self-incrimination
- 23A Legal professional privilege and client legal privilege not affected
PART 4--REVIEW OF DECISIONS
- 24 Which decisions are reviewable
- 24A Internal review
- 24B Review by the Tribunal
PART 5--LEGAL PROCEEDINGS
- 26 General
- 27 Infringement notices
- 28 Proceedings may be brought by the Authority or inspectors
- 28A Procedure if prosecution is not brought
- 28B Limitation period for prosecutions
- 29 Judicial notice of Minister's signature etc.
- 30 Provisions as to certain evidence
- 31 Offences by bodies corporate
- 31A Responsible agency for the Crown
- 31B Infringement and other notices may be issued to the Crown
- 31C Proceedings against successors to public bodies
- 32 Further penalties for subsequent offences
PART 5A--INSURANCE AND INDEMNITY FOR PECUNIARY PENALTIES PROHIBITED
- 32A Certain insurance and indemnity arrangements void
- 32B Prohibition on insurance and indemnity for pecuniary penalties
PART 6--GENERAL
- 33 Codes of practice
- 34 Use of codes of practice in proceedings
- 34A Authority may accept undertakings
- 34B Enforcement of undertakings
- 34C Power to give advice on compliance
- 35 Delegation
- 35A Offence to give false or misleading information
- 36 Regulations[3]
- 37 Orders with respect to prescribed equipment
PART 7--SAVINGS AND TRANSITIONAL PROVISIONS--DANGEROUS GOODS AND EQUIPMENT (PUBLIC SAFETY) ACTS (AMENDMENT) ACT 2005
- 38 Definition
- 39 Interpretation of Legislation Act 1984 not affected
- 40 Amendments not to affect the appointment of inspectors
- 41 Continuation of improvement notices, prohibition notices and certain directions
- 42 Application of provisions concerning prosecutions
- 43 Continuation of the Equipment (Public Safety) (General) Regulations 1995