Explosives Act 2012
35General powers of inspection, &c., of authorised officers
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35 General powers of inspection, &c., of authorised officers
(1) An authorised officer may, to ascertain whether this Act is being complied with, enter and search premises if the authorised officer believes on reasonable grounds that he or she will find a thing that has been, is being or is likely to be used in the handling of explosives.
(2) However, if the premises are unattended or are a residence, the authorised officer may only enter with the consent of the occupier or under the authority of a warrant issued by a magistrate.
(3) Schedule 1 has effect in relation to the issue, execution, effect and expiry of warrants for the purposes of this section.
(4) Despite subsection (2) , an authorised officer may enter and search premises, whether attended or not and whether or not a residence, and without consent or a warrant, if he or she believes on reasonable grounds that an explosives emergency exists as a result of anything occurring at the premises in relation to the handling of explosives.
(5) If an authorised officer believes on reasonable grounds that a vehicle or equipment has been, is being or is likely to be used in the handling of explosives, the officer may, to ascertain whether this Act is being complied with –
(a) stop or detain the vehicle or equipment or cause the vehicle or equipment to be stopped or detained; and
(b) search the vehicle or equipment for explosives or for documents, equipment or other things relating to the handling of explosives.
(6) If an authorised officer believes on reasonable grounds that a vehicle or equipment has been, is being or is likely to be used in the handling of explosives, the officer may, to ascertain whether this Act is being complied with, direct a person in charge or apparently in charge of the vehicle or equipment to move the vehicle or equipment, or to cause it to be moved, to a suitable location for inspection.
(7) If the inspection is not to take place immediately, the direction is to be given by notice in writing specifying the time, date and location for the inspection.
(8) An authorised officer may carry out an inspection of the kind referred to in subsection (6) without notice if the authorised officer believes on reasonable grounds that an explosives emergency exists.