Litter Act 2007
41Powers of authorised officers
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41 Powers of authorised officers
(1) Subject to this Division, an authorised officer may –
(a) enter and inspect any place for any reasonable purpose connected with the administration or enforcement of this Act; and
(b) require any person to produce any documents, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process, as reasonably required in connection with the administration or enforcement of this Act; and
(c) examine, copy or take extracts from any documents or information so produced or require a person to provide a copy of any such document or information; and
(d) take photographs, films and audio, video or other recordings as reasonably required in connection with the administration or enforcement of this Act; and
(e) give any directions reasonably required in connection with the exercise of a power conferred by this subsection or otherwise in connection with the administration or enforcement of this Act.
(2) An authorised officer may not exercise the power of entry under this section except where –
(a) the occupier of the place consents to the entry; or
(b) the entry is authorised by a warrant; or
(c) in the case of a public place, the entry is made when the place is open to the public; or
(d) the entry is made when the officer believes on reasonable grounds that an offence against this Act has been, or is being, carried out and the place is open for conduct of business or otherwise open for entry.
(3) If an entry under this section is made otherwise than under the authority of a warrant, the entry must be made at a time that is reasonable.
(4) In the exercise of powers under this Act, an authorised officer may be assisted by such persons as he or she considers necessary in the circumstances.
(5) [Section 41 Subsection (5) amended by No. 50 of 2010, s. 27, Applied:21 Dec 2010] An authorised officer may apply to a justice for a warrant to enter any place to enforce any provision of this Act.