Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A reference in
this section to an inspector shall be construed as including a reference
to —
[(a), (b) deleted]
(c) an
honorary warden, acting within the limitations specified in the terms of his
appointment; and
(d) a
person authorised pursuant to section 61(5).
(2) Any inspector in
addition to such other powers and duties as may from time to time devolve upon
him under this Act, or as may be prescribed, may, together with any person he
may think competent to assist him in making any inspection or examination,
enter any premises with the consent of the occupier and may therein or
thereon —
(a)
examine and inspect any equipment, industrial plant, or process; and
(b) make
such examination and inquiry and tests, and ask such questions, and request
such information as he considers necessary or desirable,
to the extent required
to ascertain whether the provisions of this Act or any requirement or order
made under or pursuant thereto or the conditions attached to any exemption
granted thereunder are being or have been complied with.
(3) In the exercise of
his powers under subsection (2) an inspector shall conform so far as is
practicable to such reasonable requirements of the person owning or using the
premises in question as are necessary to prevent the working of the business
or the conduct of operations on the premises being obstructed.
(4) The occupier of
any premises and any person in charge or apparently in charge of any premises
shall furnish all reasonable assistance and all relevant information that he
is capable of furnishing to any inspector acting in the exercise of his powers
and the discharge of his duties under this Act.
(5) An inspector, by
notice in writing served on the occupier of any premises, may require the
occupier to furnish to the Minister within the period specified in that
notice, such information as to any equipment, industrial plant, or process in
or on the premises as is specified in that notice.
(6) Where it is shown
to the satisfaction of a justice that admission to the premises in question
has been refused following a request by an inspector for entry thereto, or
that the premises are unoccupied, the justice may, by warrant under his hand
authorise that inspector or any other person named in the warrant to enter
upon the premises, and a warrant granted under this subsection continues in
force until the purpose for which it was granted has been satisfied.
(7) An inspector who
finds a person committing an offence against this Act, or who on reasonable
grounds suspects that an offence against this Act has been committed or is
about to be committed, may without warrant other than the provisions of this
subsection —
(a)
stop, detain and search any vehicle, vessel or conveyance;
(b)
remove any vehicle, animal or other thing from the waters or land; and
(c)
enter and search any tent, caravan or other erection which is not permanent,
but an inspector,
shall not exercise any power specified in paragraph (a), (b) or (c)
unless he has first taken all reasonable steps to communicate to the owner or
person in charge of the vehicle, animal, vessel, conveyance, tent, caravan or
other thing concerned his intention to exercise the power and his reasons for
believing that he is authorised to exercise the power.
(7a) The offices
referred to in subsection (1) are each prescribed to be public officers
for the purposes of the Criminal Investigation
(Identifying People) Act 2002 and as such may exercise the powers in
Part 3 of that Act.
(8) If the person
making a statement pursuant to this section objected to making that statement,
at the time of making it, on the ground that it might tend to incriminate him,
it shall not be admissible in evidence in any prosecution against that person
for any offence not being the offence of contravening or failing to comply
with the provisions of this section.
[Section 63 amended by No. 6 of 2002
s. 96; No. 38 of 2007 s. 177.]