QLDIn ForceAct
Electricity Act 1994
sec.152GGeneral powers after entering place
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### sec.152G General powers after entering place
This section applies to an inspection officer who enters a place.
However, if an inspection officer enters a place to get the occupier’s consent to enter a place, this section applies to the inspection officer only if the consent is given or the entry is otherwise authorised.
The inspection officer may, for a prescribed purpose—
search any part of the place; or
inspect, measure, test, photograph or film any part of the place or anything at the place; or
take a thing, or a sample of or from a thing, at the place for analysis or testing; or
copy a document at the place; or
take into or onto the place any persons, equipment and materials the inspection officer reasonably requires for exercising a power under this part; or
require a person at the place to give the inspection officer reasonable help to exercise the inspection officer’s powers under paragraphs (a) to (e) ; or
require a person at the place to answer questions by the inspection officer to help the inspection officer ascertain whether this Act is being or has been complied with.
When making a requirement mentioned in subsection (3) (f) or (g) , the inspection officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.
A person given a requirement under subsection (3) (f) or (g) must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty for subsection (5) —100 penalty units.
It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.
A reasonable excuse does not include a matter of mere convenience.
In this section—
prescribed purpose means—
for monitoring and enforcing compliance with this Act; or
if the purpose of the entry was to help an approved auditor carry out an audit commissioned under section 135IT and the occupier of the place is a person to whom the audit relates—for the carrying out of the audit.
s 152G ins 2003 No. 28 s 11
amd 2004 No. 50 s 16
(sec.152G-ssec.1) This section applies to an inspection officer who enters a place.
(sec.152G-ssec.2) However, if an inspection officer enters a place to get the occupier’s consent to enter a place, this section applies to the inspection officer only if the consent is given or the entry is otherwise authorised.
(sec.152G-ssec.3) The inspection officer may, for a prescribed purpose— search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, at the place for analysis or testing; or copy a document at the place; or take into or onto the place any persons, equipment and materials the inspection officer reasonably requires for exercising a power under this part; or require a person at the place to give the inspection officer reasonable help to exercise the inspection officer’s powers under paragraphs (a) to (e) ; or require a person at the place to answer questions by the inspection officer to help the inspection officer ascertain whether this Act is being or has been complied with.
(sec.152G-ssec.4) When making a requirement mentioned in subsection (3) (f) or (g) , the inspection officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.
(sec.152G-ssec.5) A person given a requirement under subsection (3) (f) or (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty for subsection (5) —100 penalty units.
(sec.152G-ssec.6) It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.
(sec.152G-ssec.7) A reasonable excuse does not include a matter of mere convenience.
(sec.152G-ssec.8) In this section— prescribed purpose means— for monitoring and enforcing compliance with this Act; or if the purpose of the entry was to help an approved auditor carry out an audit commissioned under section 135IT and the occupier of the place is a person to whom the audit relates—for the carrying out of the audit.
- (a) search any part of the place; or
- (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or
- (c) take a thing, or a sample of or from a thing, at the place for analysis or testing; or
- (d) copy a document at the place; or
- (e) take into or onto the place any persons, equipment and materials the inspection officer reasonably requires for exercising a power under this part; or
- (f) require a person at the place to give the inspection officer reasonable help to exercise the inspection officer’s powers under paragraphs (a) to (e) ; or
- (g) require a person at the place to answer questions by the inspection officer to help the inspection officer ascertain whether this Act is being or has been complied with.
- (a) for monitoring and enforcing compliance with this Act; or
- (b) if the purpose of the entry was to help an approved auditor carry out an audit commissioned under section 135IT and the occupier of the place is a person to whom the audit relates—for the carrying out of the audit.