Part 8Enforcement

Part 8—Enforcement 68—Authorised officers (1) The Board may, by notice in writing, authorise a person to be an authorised officer for the purposes of this Act. (2) An authorisation may be made subject to conditions or limitations specified in the instrument of authorisation. (3) The Board may, by notice in writing to an authorised officer, vary or revoke an authorisation, or a condition or limitation of an authorisation, on any grounds it thinks fit. 69—Powers of authorised officers (1) If there are reasonable grounds for suspecting— (a) that there is proper cause for disciplinary action against a school or person; or (b) that a school or person has committed an offence against this Act, an authorised officer may investigate the matter. (2) Subject to this Act, for the purposes of an investigation, or in relation to a review of the registration of a registered school under Part 5 Division 4, an authorised officer may— (a) at any reasonable time, enter and inspect— (i) the premises of a registered school; or (ii) any other premises on which the authorised officer reasonably suspects an offence against this Act has been or is being committed; or (b) with the authority of a warrant issued by a magistrate or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on any premises referred to in paragraph (a); or (c) while on premises entered under paragraph (a) or (b), seize and retain anything found on the premises that the authorised officer reasonably believes may afford evidence relevant to the matters under investigation; or (d) require any person who has possession of documents or records relevant to the matters under investigation to produce those documents or records for inspection (including written documents or records that reproduce, in a readily understandable form, information kept by computer, microfilm or other process); or (e) inspect any documents or records produced to the authorised officer and retain them for such reasonable period as the authorised officer thinks fit, and make copies of the documents or records; or (f) require any person who is in a position to provide information relevant to the matters under investigation to answer any question put by the authorised officer in relation to those matters; or (g) take photographs, films or video or audio recordings; or (h) if the authorised officer reasonably suspects that an offence against this Act has been or is being committed, require the suspected offender to state his or her full name and address. (3) An authorised officer must not exercise the power conferred by subsection (2)(a) in relation to any residential premises except with the permission of the occupier of the premises or on the authority of a warrant issued by a magistrate. (4) A magistrate must not issue a warrant under this section unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances. 70—Offence to hinder etc authorised officers (1) Subject to this section, a person who— (a) hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Part; or (b) uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or (c) when required by an authorised officer under this Part to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or (d) falsely represents, by words or conduct, that he or she is an authorised officer, Maximum penalty: $5 000. (2) A person is not required to answer a question if the answer to the question would tend to incriminate the person or make the person liable to a penalty.