163Powers of entry and inspection

163 Powers of entry and inspection

(1) For the purposes of monitoring compliance with this Act or the regulations by a cemetery trust in relation to its functions and powers under this Act or the regulations, an authorised officer, without a warrant or consent and with such assistance as he or she thinks necessary, may—

(a) enter any place being used as a public cemetery or a crematorium;

(b) inspect and take copies of or take extracts from any documents kept at the place;

(c) require a specified person at the place—

(i) to answer a question to the best of that person's knowledge, information and belief;

(ii) to take reasonable steps to produce documents;

(d) test any equipment or facility at the place;

(e) seize any document or equipment at the place, if the authorised officer believes on reasonable grounds that the document or equipment relates to a contravention of this Act or the regulations.

(2) An authorised officer must not enter or search any place under subsection (1) unless, before that entry or search, the authorised officer—

(a) has produced his or her identity card for inspection; and

(b) has informed the occupier of the purpose of the entry or search.

(3) An authorised officer may only exercise powers under this section during normal business hours.

(4) If, under subsection (1)(c), an authorised officer requires a specified person to answer a question to the best of that person's knowledge, information and belief or to take reasonable steps to produce documents, the authorised officer must advise the person that it is a reasonable excuse for that person to refuse to comply with the request if it would tend to incriminate that person.

(5) For the purposes of this section, specified person means—

(a) a member of a cemetery trust; and

(b) an employee of a cemetery trust or other person referred to in section 17; and

(c) a volunteer engaged in volunteer work for the cemetery trust.