Div 3Authorised officers

Division 3—Authorised officers 12—Authorised officers (1) All police officers are authorised officers for the purposes of this Act. (2) The Minister may appoint persons to be authorised officers for the purposes of this Act. (3) A council may appoint— (a) specified officers or employees of the council; or (b) a specified class of officers or employees of the council, to be authorised officers for the purposes of this Act. (4) An appointment— (a) may be made subject to conditions specified in the instrument of appointment; and (b) is, in the case of an appointment by a council or other appointment of a prescribed class, subject to conditions prescribed by regulation. (5) A person may hold an appointment as an authorised officer from more than 1 council. (6) The Minister or a council that has made an appointment under this section may, at any time, revoke the appointment, or vary or revoke a condition specified in the instrument of such an appointment or impose a further such condition. 13—Identity cards (1) An authorised officer is not required to be issued with an identity card in the following circumstances: (a) if the authorised officer is a police officer; (b) if the authorised officer is appointed by a council and the Minister has designated a card issued to such an authorised officer by the council as an identity card for the purposes of this Act. (2) In any other circumstances, an authorised officer appointed under this Act must be issued with an identity card in a form approved by the Minister— (a) containing the person's name and a recent photograph of the person; and (b) stating that the person is an authorised officer for the purposes of this Act; and (c) specifying the name or office of the issuing authority. (3) The identity card must be issued as soon as is reasonably practicable after the appointment is made (but an authorised officer is not prevented from exercising powers under this Act just because an identity card is yet to be issued). (4) An authorised officer must, at the request of a person in relation to whom the officer intends to exercise any powers under this Act, produce for the inspection of the person his or her identity card (unless the identity card is yet to be issued). 14—Powers of authorised officers (1) An authorised officer may, for any purpose connected with the administration or enforcement of this Act or with the performance, exercise or discharge of a function under this Act— (a) at any reasonable time, enter or inspect any premises or vehicle; and (b) during the course of the inspection of any premises or vehicle— (i) ask questions of any person found in or on the premises or vehicle; and (ii) open a part of, or thing in or on, the premises or vehicle; and (iii) inspect any substance, material or thing found in or on the premises or vehicle; and (iv) take and remove samples of any substance, material or thing found in or on the premises or vehicle; and (v) require any person to produce any plans, specifications, books, papers or documents; and (vi) examine, copy and take extracts from any plans, specifications, books, papers or documents; and (vii) take photographs, films or video recordings; and (viii) take measurements, make notes and carry out tests; and (ix) remove, or seize and retain, any substance, material or thing that has or may have been used in, or may constitute evidence of, a contravention of this Act; and (c) require a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, an offence against this Act, to state the person's full name and usual place of residence and to produce evidence of the person's identity; and (d) require any person to answer any question that may be relevant to the administration or enforcement of this Act; and (e) give directions as to the stopping or movement of a vehicle; and (f) give any other directions reasonably required in connection with the exercise of a power conferred by any of the paragraphs above or otherwise in connection with the administration or enforcement of this Act. (2) In the exercise of powers under this Act, an authorised officer may be accompanied by such assistants as may be necessary or desirable in the circumstances. (3) An authorised officer may only use reasonable force— (a) to enter any premises or vehicle; or (b) to open a part of, or thing in, the premises or vehicle, on the authority of a warrant issued by a magistrate or a justice. (4) However— (a) an application for a warrant under subsection (3) cannot be made to a justice who is a member, officer or employee of a council; and (b) a magistrate or justice must not issue a warrant under subsection (3) unless satisfied— (i) that there are reasonable grounds to suspect that an offence against this Act has been, is being, or is about to be, committed; or (ii) that the warrant is reasonably required in the circumstances. (5) If an authorised officer is inspecting premises or a vehicle under this section, the person in charge of the premises or vehicle must provide such assistance as the authorised officer reasonably requires to facilitate the inspection. (6) A person who— (a) hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of a power under this Act; or (b) uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer, in the exercise of a power under this Act; or (c) refuses or fails to comply with a requirement or direction of an authorised officer under this Act; or (d) having been asked a question under this section, does not answer the question to the best of his or her knowledge, information and belief; or (e) falsely represents, by words or conduct, that he or she is an authorised officer or other person with powers under this Act, is guilty of an offence. Maximum penalty: $10 000. (7) It is not an excuse for a person to refuse or fail to furnish information under this section on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (8) However, if compliance with a requirement to furnish information might tend to incriminate a person or make a person liable to a penalty, then— (a) in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of, the document or the information (as distinct from the contents of the documents or the information); or (b) in any other case—any answer given in compliance with the requirement, is not admissible in evidence against the person for an offence or for the imposition of a penalty (other than proceedings in respect of the provision of information that is false or misleading). (9) An authorised officer, or a person assisting an authorised officer, who— (a) addresses offensive language to any other person; or (b) without lawful authority hinders or obstructs or uses or threatens to use force in relation to any other person, is guilty of an offence. Maximum penalty: $10 000. 15—Limit of area of authorised officers appointed by councils An authorised officer appointed by a council may, subject to any conditions of his or her appointment, exercise powers under this Act outside of the council area in the following circumstances: (a) subject to paragraph (b), if the powers are to be exercised in another council area—to the extent agreed to, in writing, by the other council; (b) if the authorised officer believes on reasonable grounds that an offence under this Act has been committed within the council area that requires the exercise of powers outside the council area (including within the area of another council or outside the State). 16—Provisions relating to seizure (1) If a substance, material or thing has been seized under this Division, the following provisions apply: (a) the substance, material or thing seized must be held pending proceedings for an offence against this Act unless the Minister or relevant council (as the case may require), on application, authorises its release to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the Minister or council thinks fit; (b) if— (i) proceedings are not instituted for an offence against this Act in relation to the substance, material or thing within the prescribed period after its seizure; or (ii) after proceedings have been so instituted and the defendant is not found guilty or convicted of the offence, the person from whom it was seized is entitled to recover the substance, material or thing or, if it has been destroyed, compensation equal to the market value of the substance, material or thing at the time of its seizure; (c) an action for the payment of compensation may be brought in any court of competent jurisdiction; (d) the court by which a person is convicted or found guilty of an offence against this Act in relation to the substance, material or thing may, if the proceedings were instituted within the prescribed period after its seizure, order— (i) that the substance, material or thing be forfeited to the Minister or relevant council; or (ii) if the substance, material or thing has been released pursuant to paragraph (a)—that the person to whom it was released or the defendant pay to the Minister or relevant council (as the case may require) an amount equal to its market value at the time of its seizure as the court thinks fit; (e) if a person is, under this section, entitled to recover any substance, material or thing, but the person— (i) fails to do so within 6 months after having been requested to do so by the Minister or relevant council; or (ii) cannot be located within 6 months after reasonable attempts by the Minister or relevant council to do so, the substance, material or thing is, by force of this section, forfeited to the Minister or council; (f) any substance, material or thing forfeited under this section must be disposed of in such manner as the Minister or relevant council (as the case may require) may direct; (g) if the substance, material or thing is sold, the proceeds of the sale must— (i) if the sale was directed by the Minister—be paid into the Consolidated Account; or (ii) if the sale was directed by the relevant council—be paid to that council. (2) For the avoidance of doubt, this section does not apply in relation to a substance, material or thing— (a) removed or disposed of by or on behalf of the Minister or a council under section 31 (following non-compliance with the requirements of a nuisance abatement notice or litter abatement notice); or (b) removed or disposed of by a council under section 234 of the Local Government Act 1999; or (c) collected by a council under section 297 of the Local Government Act 1999. (3) In this section— prescribed period means 6 months (or such longer period as the Environment, Resources and Development Court may, on application by the Minister or relevant council, allow).