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Building and Development Certifiers Act 2018
98Powers that may be exercised on premises
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#### 98 Powers that may be exercised on premises
98 Powers that may be exercised on premises
> > (1) An authorised officer may, at any premises lawfully entered, do anything that in the opinion of the authorised officer is necessary to be done for an authorised purpose, including (but not limited to) the things specified in subsection (2).
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> > (2) An authorised officer may do any or all of the following—
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> > > (a) examine and inspect any thing,
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> > > (b) take and remove samples of a thing,
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> > > (c) direct a reasonably qualified person to open, cut into or pull down any work if the authorised officer has reason to believe or suspect that the work or something contained in the work is in contravention of the certification legislation,
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> > > (d) make any examinations, inquiries, measurements or tests that the authorised officer considers necessary,
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> > > (e) take any photographs or other recordings that the authorised officer considers necessary,
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> > > (f) direct a person to produce records for inspection,
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> > > (g) examine and inspect any records,
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> > > (h) copy any records,
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> > > (i) seize any thing that the authorised officer has reasonable grounds for believing is connected with an offence against the certification legislation,
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> > > (j) move any seized thing from the place where it is seized or leave it at the place where it is seized and take reasonable action to restrict access to the thing,
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> > > (k) direct the occupier of the premises where a thing is seized to retain it at those premises or at another place under the control of the occupier,
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> > > (l) do anything else authorised by or under this Act.
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> > (3) The power to examine and inspect any thing includes a power to use reasonable force to break open or otherwise access anything, including a floor or wall containing the thing.
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> > (4) The power to seize any thing connected with an offence includes a power to seize—
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> > > (a) a thing with respect to which the offence has been committed, and
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> > > (b) a thing that will afford evidence of the commission of the offence, and
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> > > (c) a thing that was used for the purpose of committing the offence.
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> > (5) The power to do a thing under this section includes a power to arrange for that thing to be done.
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> > (6) A power to do something under this section with respect to a thing may be exercised without the consent of the owner of the thing.
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> > (7) In this section, a reference to an offence includes a reference to an offence that there are reasonable grounds for believing has been committed.