sec.116Emergency powers

sec.116 Emergency powers

This section applies if an authorised officer is satisfied on reasonable grounds— the production of primary produce is being carried out at a place, other than a place, or part of a place, used only for residential purposes; and it is necessary to exercise powers under this section to avoid an imminent risk of death or serious illness of any person from the primary produce. The authorised officer may, without a warrant or the consent of the occupier of the place, enter the place. Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— comply with section 88 (1) ; tell the person the authorised officer is permitted under this Act to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force. However, the authorised officer need not comply with subsection (3) if the authorised officer reasonably believes that immediate entry to the place is required to avoid an imminent risk of death or serious illness of any person. Also, the authorised officer may in relation to the primary produce— direct a person at the place to take stated reasonable steps within a stated reasonable period in relation to the primary produce; or take the reasonable steps; or authorise another person to take the reasonable steps. The direction may be given orally or by written notice. However, if the direction is given orally, the authorised officer must as soon as practicable confirm the direction by written notice given to the person. When giving the direction under subsection (5) (a) , the authorised officer must warn the person it is an offence not to comply with the direction unless the person has a reasonable excuse. If the authorised officer takes the steps, the officer may also exercise any of the powers of an authorised officer under this division. The authorised officer may exercise the powers mentioned in subsections (2) , (5) (b) and (9) (the emergency powers ) with the help, and using the force, that is necessary and reasonable in the circumstances. In exercising or attempting to exercise emergency powers, an authorised officer must take all reasonable steps to ensure the officer causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances. This section does not limit any power an authorised officer has apart from this section. If an authorised officer authorises a person to take steps under subsection (5) (c) — the person may exercise the powers mentioned in subsection (9) ; and the authorised officer must inform the person— of the steps the person is authorised to take; and of the person’s powers under this section. (sec.116-ssec.1) This section applies if an authorised officer is satisfied on reasonable grounds— the production of primary produce is being carried out at a place, other than a place, or part of a place, used only for residential purposes; and it is necessary to exercise powers under this section to avoid an imminent risk of death or serious illness of any person from the primary produce. (sec.116-ssec.2) The authorised officer may, without a warrant or the consent of the occupier of the place, enter the place. (sec.116-ssec.3) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— comply with section 88 (1) ; tell the person the authorised officer is permitted under this Act to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force. (sec.116-ssec.4) However, the authorised officer need not comply with subsection (3) if the authorised officer reasonably believes that immediate entry to the place is required to avoid an imminent risk of death or serious illness of any person. (sec.116-ssec.5) Also, the authorised officer may in relation to the primary produce— direct a person at the place to take stated reasonable steps within a stated reasonable period in relation to the primary produce; or take the reasonable steps; or authorise another person to take the reasonable steps. (sec.116-ssec.6) The direction may be given orally or by written notice. (sec.116-ssec.7) However, if the direction is given orally, the authorised officer must as soon as practicable confirm the direction by written notice given to the person. (sec.116-ssec.8) When giving the direction under subsection (5) (a) , the authorised officer must warn the person it is an offence not to comply with the direction unless the person has a reasonable excuse. (sec.116-ssec.9) If the authorised officer takes the steps, the officer may also exercise any of the powers of an authorised officer under this division. (sec.116-ssec.10) The authorised officer may exercise the powers mentioned in subsections (2) , (5) (b) and (9) (the emergency powers ) with the help, and using the force, that is necessary and reasonable in the circumstances. (sec.116-ssec.11) In exercising or attempting to exercise emergency powers, an authorised officer must take all reasonable steps to ensure the officer causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances. (sec.116-ssec.12) This section does not limit any power an authorised officer has apart from this section. (sec.116-ssec.13) If an authorised officer authorises a person to take steps under subsection (5) (c) — the person may exercise the powers mentioned in subsection (9) ; and the authorised officer must inform the person— of the steps the person is authorised to take; and of the person’s powers under this section.