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Heritage Act 2011
105Powers on entry of place
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105 Powers on entry of place
(1) A heritage officer who enters a place under Part 5.2 may do any of
the following:
(a) inspect or examine the place or anything found on the place;
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(b) break open and search fixtures and fittings, furniture and
furnishings or boxes, packages and other containers 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:
(i) an object the officer reasonably believes is a heritage
object for the purpose of the conservation of the object;
or
(ii) samples for analysis of anything found on the place;
(f) take copies of, or extracts from, documents found on the
place;
(g) 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;
(h) subject to section 106:
(i) seize anything found on the place; or
(ii) if the place is an aircraft, vehicle or vessel – seize it.
(2) After taking a sample under subsection (1)(e)(ii) or seizing a thing
under subsection (1)(h), the heritage officer must give a receipt for
the sample or thing to:
(a) the occupier of the place; or
(b) the person whom the heritage officer reasonably believes was
in possession of the sample or thing immediately before it was
taken or seized.
(3) A requirement under subsection (1)(g) must be given by written
notice.
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(4) When making the requirement, the heritage officer must inform the
person it is an offence not to comply with the requirement unless
the person establishes a reasonable excuse.
(5) A person commits an offence if the person engages in conduct that
results in a contravention of the requirement.
(6) It is a defence to a prosecution for an offence against
subsection (5) if the defendant establishes a reasonable excuse.
(7) Without limiting subsection (6), it is a reasonable excuse for an
individual to fail to answer a question under subsection (1)(g)(i) if
complying with the requirement might tend to incriminate the
individual.