Div 2Inspectors

Division 2—Inspectors 15—Inspectors (1) The Minister may, by instrument in writing, appoint suitable persons to be inspectors for the purposes of this Act. (2) The Minister may, in the instrument of appointment— (a) limit the area in which the inspector may act; (b) restrict the powers that the inspector may exercise; (c) authorise the inspector to give instructions in relation to a particular Aboriginal site or object. (3) The traditional owners of an Aboriginal site or object may inform the Minister, by notice in writing, that they object to an inspector named in the notice exercising powers under this Act in relation to the site or object, and, in that event, the inspector must not exercise those powers in relation to the site or object. 16—Identification (1) The Minister must provide an inspector with a certificate of appointment setting out any limitations, restrictions or authorisations attaching to the appointment. (2) An inspector must, at the request of a person in relation to whom the inspector has exercised, or intends to exercise, powers under this Act, produce the inspector's certificate of appointment. 17—Powers (1) An inspector may, for the purposes of this Act— (a) at any reasonable time enter any land for the purpose of inspecting an Aboriginal site or object or a site or object that the inspector has reason to believe is an Aboriginal site or object; (b) at any reasonable time enter and inspect any land, premises, vehicle or place for the purpose of determining whether a provision of this Act is being or has been contravened or complied with; (ba) at any reasonable time enter and inspect land for the purposes of determining whether an Aboriginal heritage agreement entered into under this Act is being, or has been, complied with; (bb) in the following circumstances, use reasonable force to break into or open any part of, or anything in or on, any land, premises, vehicle or place: (i) with the authority of a warrant issued under section 17A; (ii) if the inspector reasonably believes that immediate action is required; (iii) with the permission of the owner of the land, premises, vehicle or place; (c) seize and retain— (i) an Aboriginal object in relation to which the inspector has reason to suspect that an offence has been or is about to be committed; (ii) anything used in, or that affords evidence of, a contravention of this Act; (d) exercise reasonable force to prevent the commission of an offence against this Act, or the continuance of such an offence; (e) require a person whom the inspector reasonably suspects of having committed or being about to commit an offence against this Act to state the person's full name and usual residential or business address; (f) require a person holding or required to hold an authorisation under this Act to produce that authorisation for inspection; (g) require any person to produce any documents, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process, as reasonably required in connection with the administration or enforcement of this Act; (h) examine, copy or take extracts from any documents or information so produced or require a person to provide a copy of any such document or information; (i) take photographs, films, audio, video or other recordings as reasonably required in connection with the administration or enforcement of this Act; (j) take onto or into any land, premises, vehicle or place, and use, any equipment or apparatus (including, for example, ground penetrating radar, audio visual recording equipment or other measuring or recording apparatus) as reasonably required in connection with the administration or enforcement of this Act; (k) require a person who the inspector reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters, to state the person's full name and usual place of residence and to produce evidence of the person's identity; (l) give any directions reasonably required in connection with the exercise of a power conferred by a preceding paragraph. (2) Where an inspector is authorised by the Minister to give directions in relation to a particular Aboriginal site or object, the inspector may, for the purpose of averting harm to the site or object, give reasonable instructions to any person visiting the site or in the immediate vicinity of the site or object. (3) Where anything is seized by an inspector, the inspector must forthwith report the matter to the Minister. (4) In the exercise of powers under this Act an inspector may be assisted by such persons as are, in the inspector's opinion, necessary or desirable in the circumstances. (5) The powers conferred by this section must not be exercised contrary to a direction of the Minister. 17A—Warrants (1) Where, on the application of an inspector, a magistrate is satisfied that there are reasonable grounds to believe— (a) that a contravention of this Act has been, is being, or is about to be, committed in or on specified land, premises, a vehicle or place; or (b) that something may be found in or on specified land, premises, vehicle or place that has been used in, or constitutes evidence of, a contravention of this Act, the magistrate may issue a warrant in respect of the land, premises, vehicle or place authorising an inspector, with such assistants as the inspector considers necessary, to use reasonable force to break into or open any part of, or anything in or on, the land, premises, vehicle or place specified in the warrant. (2) An application for the issue of a warrant may be made either personally or by telephone. (3) The grounds of an application for a warrant must be verified by affidavit. (4) An application for the issue of a warrant may not be made by telephone unless in the opinion of the applicant a warrant is urgently required and there is insufficient time to make the application personally. (5) Where an application for the issue of a warrant is made by telephone, the following provisions apply: (a) the applicant must inform the magistrate of their name and identify themselves as an inspector, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is an inspector; (b) the applicant must inform the magistrate of the grounds on which they seek the issue of the warrant; (c) if it appears to the magistrate from the information furnished by the applicant that there are proper grounds for the issue of a warrant, the magistrate must inform the applicant of the facts on which they relied as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; (d) if the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts on which they relied as grounds for the issue of the warrant; (e) the warrant will be taken to have been issued, and will come into force, when signed by the magistrate; (f) the magistrate must inform the applicant of the terms of the warrant; (g) the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c). (6) An inspector who executes a warrant must, as soon as practicable after execution of the warrant— (a) prepare a notice in the prescribed form containing— (i) their name and a statement that they are an inspector under this Act; and (ii) the name of the magistrate who issued the warrant and the date and time of its issue; and (iii) a description of the land, premises, vehicle or place to which the warrant relates and of the authority conferred by the warrant; and (b) give the notice to the occupier or person apparently in charge of the land, premises, vehicle or place in respect of which the warrant was issued or leave it for them in a prominent position on the land, premises, vehicle or place. (7) A warrant, if not executed at the expiration of 1 month from the date of its issue, then expires. 17B—Self-incrimination (1) It is not a reasonable excuse for a person to fail to answer a question or to produce, or provide a copy of, a document or information as required under this Act on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (2) If compliance by a natural person with a requirement under this Act might tend to incriminate the person or make the person liable to a penalty, then— (a) in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or (b) in any other case—the answer given in compliance with the requirement, is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement). 18—Offences A person must not, without reasonable excuse— (a) hinder or obstruct an inspector, or any person assisting an inspector, in the exercise of a power conferred by this Act; (b) contravene a requirement or reasonable instruction of an inspector under this Act, or a direction of an inspector under section 17. Division 3—South Australian Aboriginal Heritage Fund 19—The Fund (1) The South Australian Aboriginal Heritage Fund is established and administered by the Minister. (2) The Fund consists of— (a) money received from the Government of the Commonwealth for the purposes of this Act; and (b) money appropriated by Parliament for the purposes of this Act; and (c) income paid into the Fund under subsection (5); and (d) all money received by the Minister for the purposes of this Act; and (e) penalties recovered in respect of offences against this Act; and (f) amounts paid to the Crown in accordance with an order under section 37DA. (3) The Fund must be kept in a separate account at the Treasury. (4) Any money standing to the credit of the Fund that is not for the time being required for the purposes of this Act may be invested by the Treasurer. (5) Income from investment of the Fund will, at the direction of the Treasurer, be paid into the Fund, or into the Consolidated Account. (6) The Minister may, for the purposes of this Act, borrow money from the Treasurer or, with the approval of the Treasurer, from any other person. (7) The Minister may apply the Fund— (a) in acquiring land or Aboriginal objects or records under this Act; (b) in making grants or loans to persons or bodies undertaking research into, or in relation to, the Aboriginal heritage; (c) in making payments under an Aboriginal heritage agreement entered into by the Minister under this Act; (d) in the administration of this Act; (e) for any other purpose related to the protection or preservation of the Aboriginal heritage.