Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The
Chairperson —
(a)
shall be; and
(b) may
appoint —
(i)
any person appointed to the Council or a committee of the
Council, or a person appointed or engaged under section 27; or
(ii)
a person or class of persons holding office under any
other written law,
to hold office as,
an inspector under
this Act.
(2) A person who holds
office as an inspector under this Act, whether or not a member of a class of
persons appointed pursuant to subsection (1)(b)(ii), shall be furnished
by the Chairperson with a certificate in a prescribed form evidencing that
appointment.
(3) Whenever required
to do so —
(a) by
another person in respect of whom that person has exercised, is exercising or
is about to exercise any of the powers —
(i)
which are conferred on that person by or under this Act;
and
(ii)
which that person is entitled to exercise;
or
(b) on
applying for admission to any premises or place which that person is empowered
by this Act to enter,
any person who is
appointed as an inspector under this Act shall produce the certificate
furnished under subsection (2), and a person to whom
subsection (1)(b)(ii) applies shall also produce written evidence of the
office held under the written law pursuant to which that person was appointed.
(4) The Chairperson
may, when furnishing a certificate under subsection (2), limit the powers
conferred on a person by or under this Act by specifying in the certificate
furnished which of those powers the person is entitled to exercise, and that
limitation shall have effect according to its tenor.
(5) The appointment of
a person under subsection (1) does not —
(a)
render Part 3 of the Public Sector Management Act 1994 , or any
other Act applying to persons as officers of the Public Service of the State,
applicable to the person; or
(b)
affect or prejudice the application to the person of any Act referred to in
paragraph (a) if it applied to the person at the time of the appointment.
(6) Subject to
subsection (4) any inspector may, together with any person the inspector
may think competent to assist in making any inspection or examination, enter
any land with the consent of the occupier and make such investigation and
inquiry and ask such questions, and request such information, as the inspector
considers necessary or desirable to the extent required to ascertain whether
the provisions of this Act or any order or requirement made pursuant thereto,
or any conditions applicable, are being or have been observed.
(7) In the exercise of
powers under this section a person shall conform so far as is practicable to
such reasonable requirements of the person owning or using the land as are
necessary to prevent the working of the business or the conduct of operations
on or in the land or in any building being obstructed.
(8) Where it is shown
to the satisfaction of a justice that admission to any land or building has
been refused following a request by a person authorised under this section for
entry thereto, or that it is unoccupied, the justice may, by warrant under his
or her hand, authorise that person or any other person named in the warrant to
enter thereon or therein for the purposes of this Act, and a warrant granted
under this subsection continues in force until the purpose for which it was
granted has been satisfied.
[Section 71 amended by No. 32 of 1994
s. 19.]