Community Services Act 2007
sec.40General powers after entering a place
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sec.40 General powers after entering a place
This section applies to an authorised officer who enters a place. However, if an authorised officer enters a place to get an occupier’s consent to enter the place, this section applies to the officer only if the consent is given or the entry is otherwise authorised. The authorised officer may do any of the following— search any part of the place; inspect, measure, test, photograph or film any part of the place or anything at the place; take a thing, or a sample of or from a thing, at the place for analysis or testing; copy a document at the place or take the document to another place to copy it; take into or onto the place any person, equipment and materials the officer reasonably requires for the exercise of a power under this part; confer alone with a person at the place; require a person at the place to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (f) , including, for example, to give information; require a person at the place to answer questions by the authorised officer to help the authorised officer ascertain whether this Act is being or has been complied with. When making a requirement mentioned in subsection (3) (g) or (h) , the authorised officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. If an authorised officer takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place. s 40 amd 2014 No. 12 s 13 (sec.40-ssec.1) This section applies to an authorised officer who enters a place. (sec.40-ssec.2) However, if an authorised officer enters a place to get an occupier’s consent to enter the place, this section applies to the officer only if the consent is given or the entry is otherwise authorised. (sec.40-ssec.3) The authorised officer may do any of the following— search any part of the place; inspect, measure, test, photograph or film any part of the place or anything at the place; take a thing, or a sample of or from a thing, at the place for analysis or testing; copy a document at the place or take the document to another place to copy it; take into or onto the place any person, equipment and materials the officer reasonably requires for the exercise of a power under this part; confer alone with a person at the place; require a person at the place to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (f) , including, for example, to give information; require a person at the place to answer questions by the authorised officer to help the authorised officer ascertain whether this Act is being or has been complied with. (sec.40-ssec.4) When making a requirement mentioned in subsection (3) (g) or (h) , the authorised officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. (sec.40-ssec.5) If an authorised officer takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.