LOCAL GOVERNMENT ACT 1989 - SECT 224 Authorised officers
LOCAL GOVERNMENT ACT 1989 - SECT 224
Authorised officersS. 224(1) amended by No. 125/1993 s. 26(2).
(1) A Council may appoint any person other than a Councillor to be an authorised officer for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council.
S. 224(1A) inserted by No. 125/1993 s. 26(3).
(1A) A Council must maintain a register that shows the names of all people appointed by it to be authorised officers.
(2) The Council must issue an identity card to each authorised officer.
(3) An identity card must—
(a) contain a photograph of the authorised officer; and
(b) contain the signature of the authorised officer; and
(c) be signed by a member of Council staff appointed for the purpose.
S. 224(3A) inserted by No. 99/1994 s. 19.
(3A) If a Council appoints a police officer to be an authorised officer under subsection (1), for the purposes of this section the police officer's certificate of identity is deemed to be an identity card issued under section 224(2) and is deemed to comply with section 224(3).
(4) An authorised officer must produce his or her identity card upon being requested to do so.
(5) An action taken or thing done by an authorised person is not invalidated by the failure of an authorised officer to produce his or her identity card.
S. 224(6) amended by No. 125/1993 s. 26(4).
(6) For the purposes of this section, an authorised officer may demand the name and address of a person who has committed, or who the authorised officer reasonably suspects has committed or is about to commit, an offence against any Act, regulation or local law in respect of which he or she is appointed.
S. 224(6A) inserted by No. 125/1993 s. 26(5).
(6A) In making such a demand, the authorised officer must inform the person of the grounds on which the demand is made in sufficient detail to enable the person to understand the nature of the offence or suspected offence.
Penalty: 10 penalty units.
(7) An authorised officer may enter any land or building in the municipal district at any reasonable time to carry out and enforce this or any other Act or any regulation or local law.
S. 224(8) amended by No. 64/2009 s. 31.
(8) A person is guilty of an offence and liable to a fine not exceeding 60 penalty units if he or she—
(a) refuses to give his or her name and address upon demand by an authorised officer; or
(b) obstructs or hinders an authorised officer while performing his or her duty; or
(c) falsely represents himself or herself to be an authorised officer.
S. 224A inserted by No. 99/1994 s. 20.