44Modifications of monitoring powers

#### 44 Modifications of monitoring powers Additional monitoring powers (1) For the purposes of determining: (a) whether a provision mentioned in subsection 43(1) has been, or is being, complied with; or (b) the correctness of information mentioned in subsection 43(2); the additional powers mentioned in subsection (2) of this section are taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act. (2) The additional monitoring powers are: (a) the power to sample any thing in a searchable place entered under Part 2 of the Regulatory Powers Act; and (b) the power to remove, test and analyse such samples; and (c) the power to secure a searchable place entered under Part 2 of the Regulatory Powers Act; and (d) the power to secure things in a searchable place entered under Part 2 of the Regulatory Powers Act for the purposes of sampling, testing or analysing those things; and (e) the powers set out in sections 47, 48 and 49 of this Act. Premises (3) Part 2 of the Regulatory Powers Act applies in relation to the provisions mentioned in subsection 43(1) of this Act, and the information mentioned in subsection 43(2) of this Act, as if a reference in that Part to “premises” were a reference to “searchable place” as defined in section 4 of this Act. Occupier (4) Part 2 of the Regulatory Powers Act applies in relation to the provisions mentioned in subsection 43(1) of this Act, and the information mentioned in subsection 43(2) of this Act, as if a reference in that Part to “occupier” were a reference to “relevant authority” as defined in section 4 of this Act. Stopping or detaining a vessel, aircraft or vehicle (5) If an authorised person is authorised under section 18 of the Regulatory Powers Act, as it applies in relation to: (a) a provision mentioned in subsection 43(1) of this Act; and (b) information mentioned in subsection 43(2) of this Act; to enter a searchable place that is a vessel, aircraft or vehicle, the monitoring powers under Part 2 of the Regulatory Powers Act are taken to include a power that the authorised person may stop and detain the vessel, aircraft or vehicle for the purposes of: (c) entering the vessel, aircraft or vehicle; and (d) exercising monitoring powers under that Part. Announcement before entry under a warrant (6) For the purposes of determining: (a) whether a provision mentioned in subsection 43(1) has been, or is being, complied with; or (b) the correctness of information mentioned in subsection 43(2); paragraph 26(b) of the Regulatory Powers Act is taken not to apply to an authorised person if the authorised person reasonably believes that showing the authorised person’s identity card before entering a searchable place under Part 2 of that Act is not practical in the circumstances. (7) However, if either of the following persons is present at the searchable place when the authorised person so enters it: (a) the relevant authority in relation to the searchable place; (b) another person who apparently represents the relevant authority in relation to the searchable place; the Regulatory Powers Act is taken to require the authorised person to show the authorised person’s identity card to the relevant authority, or other person, as soon as is practicable. Use of force in executing a monitoring warrant (8) In executing a monitoring warrant under Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection 43(1) of this Act and the information mentioned in subsection 43(2) of this Act: (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.