Part 14Investigation and enforcement

Part 14—Investigation and enforcement 119—Authorised investigations An investigation by an authorised officer is an authorised investigation if the purpose of the investigation is— (a) to monitor compliance with this Act; or (b) to gather information about a suspected offence against this Act; or (c) to gather information about personal injury or loss of property related to authorised activities; or (d) to gather information about the environmental impact of authorised activities; or (e) to gather other information relevant to the administration or enforcement of this Act. 120—Powers of entry and inspection (1) For the purpose of carrying out an authorised investigation, an authorised officer may— (a) enter land, and inspect the land and any operations or activities conducted on the land; or (b) examine anything on the land; or (c) take photographs, films or videos; or (d) carry out tests on wells, facilities and equipment; or (e) take and remove samples; or (f) take and remove any thing that may be evidence of non-compliance with this Act. (2) A person must not, without reasonable excuse, obstruct an authorised officer in the exercise of powers under this section. (3) A person must give an authorised officer such assistance as is reasonably required for the effective exercise of a power conferred by this section. Maximum penalty: $10 000 or imprisonment for 6 months. 121—Power to gather information (1) An authorised officer may require a person who may be in a position to provide information relevant to any matter subject to an authorised investigation— (a) to answer a question relevant to the investigation; or (b) to take reasonable steps to obtain information relevant to the investigation and to pass it on to the authorised officer. (2) A person required to answer a question under this section must answer the question to the best of the person's knowledge, information and belief. (3) A person of whom a requirement is made under subsection (1)(b) must comply with the requirement. (4) A person is not required to answer a question or to provide information under this section if the answer to the question or the information would tend to incriminate the person of an offence and the person objects to answering the question or providing the information on that ground. 122—Production of records (1) This section applies to records relating to— (a) authorised activities; or (b) the production of a regulated substance; or (c) the sale of, or any other dealing with, a regulated substance produced under this Act; or (d) other matters relevant to the calculation of the royalty payable on any such substance; or (e) matters relevant to the calculation of rent payable by the holder of a licence under this Act. (2) A person who has possession or control of a record to which this section applies must, at the request of an authorised officer— (a) produce the record for inspection by the authorised officer; and (b) answer any questions that the authorised officer reasonably asks about the record. (3) An authorised officer may retain records produced under this section for the purpose of making copies of them. 123—Publication of results of investigation (1) The Minister may publish a report setting out the results of an authorised investigation. (2) A report published under this section is protected by absolute privilege. (3) Information on the authorised investigations carried out during the course of a year must be included in a report published by the department on an annual basis.