Child Wellbeing and Safety Act 2005
29IPowers after entry without consent or warrant
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29I Powers after entry without consent or warrant
(1) This section applies if an authorised officer enters any premises or place in accordance with section 29A(2)(c).
(2) The authorised officer may do any of the following—
(e) take photographs, or make any type of recording or sketches, of any document, thing or activity at the premises or place;
(g) take into or onto the premises or place any person, equipment and materials;
(h) use and operate any equipment and materials, including but not limited to any disk, tape or storage device, at the premises or place;
(i) secure any electronic equipment that the authorised officer reasonably believes stores or contains information that may be lost, destroyed or tampered with if the equipment is not secured;
(j) with the consent of the owner of the document or thing, seize any document or any other thing at the premises or place that the authorised officer reasonably believes is evidence—
(i) relevant to whether a relevant entity is not complying, or has not complied, with the Child Safe Standards or this Part; or
(ii) that a person or body is an entity that is required to comply with the Child Safe Standards.
(3) The authorised officer may require a person at the premises or place to do any of the following—
(a) produce a document or part of a document located at the premises or place that the authorised officer reasonably believes the person has that relates to whether a relevant entity is not complying, or has not complied, with the Child Safe Standards or this Part;
(b) disclose any information that the authorised officer reasonably believes the person has that relates to whether a relevant entity is not complying, or has not complied, with the Child Safe Standards or this Part;
(c) operate any equipment at the premises or place to enable the authorised officer to access information stored on the equipment.
(4) If an authorised officer requires a person to do any thing under subsection (3), the authorised officer must—
(a) inform the person that it is an offence to fail or refuse to comply with the requirement without reasonable excuse; and
(b) inform the person that it is a reasonable excuse for the person to refuse or fail to comply with the requirement if complying with the requirement would tend to incriminate the person; and
(5) The authorised officer may request a person at the premises or place to do any of the following—
(a) provide the authorised officer with any reasonable assistance;
(b) comply with any lawful direction, whether written or oral, of the authorised officer.