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Environment Protection (Beverage Containers and Plastic Bags) Act 2011
66Powers on entry of place
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66 Powers on entry of place
(1) An authorised officer who enters a place under Division 2 may do
any of the following:
(a) inspect or examine the place or anything found on the place;
(b) break open and search fixtures and fittings, furniture and
furnishings or boxes, packages and other containers (of any
description) found on the place;
(c) take measurements of, or conduct tests in relation to, the
place or anything found on the place;
(d) take photographs, films or audio, video or other recordings of
the place or anything found on the place;
(e) take and remove from the place samples for analysis of
anything found on the place;
(f) if the place is a vehicle – subject to section 67, seize it;
(g) subject to section 67, seize anything found on the place;
(h) take copies of, or extracts from, documents found on the
place;
(i) require a person on the place to:
(i) answer questions or provide information; or
(ii) make available documents kept on the place; or
(iii) give the officer reasonable help to exercise powers
under this section.
(2) After taking a sample under subsection (1)(e) or seizing a thing
under subsection (1)(f) or (g), the authorised officer must give a
receipt for the sample or thing to:
(a) the occupier of the place; or
(b) the person whom the officer believes on reasonable grounds
was in possession of the sample or thing immediately before it
was taken or seized.
(3) A requirement under subsection (1)(i) must be given by written
notice.
Environment Protection (Beverage Containers and Plastic Bags) Act 2011 43
(4) When making the requirement, the authorised officer must inform
the person it is an offence not to comply with the requirement
unless the person has a reasonable excuse.
(5) A person commits an offence if the person engages in conduct that
results in a contravention of the requirement.
Fault element: The person intentionally engages in the
conduct.
(6) It is a defence to a prosecution for an offence against
subsection (5) if the defendant has a reasonable excuse.
(7) Without limiting subsection (6), it is a reasonable excuse for an
individual to fail to comply with the requirement if complying with the
requirement might tend to incriminate the individual.