80Entry without consent or warrant

80 Entry without consent or warrant

(1) Subject to subsection (2), for the purpose of monitoring compliance with this Act or the regulations, an inspector may do all or any of the following—

(a) enter and search, at any time during the normal business hours of the business being conducted at the premises—

(i) any premises at which a business is being conducted that provides professional engineering services; and

(ii) any premises, at which the inspector reasonably believes there are records or documents, or a person working at the premises who knows information, relevant to the conduct of a business referred to in subparagraph (i);

(b) seize or secure against interference any thing that the inspector believes on reasonable grounds to be connected with a contravention of this Act or the regulations that is found in or on premises referred to in paragraph (a);

(c) inspect and make copies of, or take extracts from, any document kept in or on, or accessible from, premises referred to in paragraph (a);

(d) require a person to produce a document or part of a document located at the premises referred to in paragraph (a);

(e) require a person at the premises referred to in paragraph (a) to answer any questions put by the inspector;

(f) make any still or moving image, audio recording or audio-visual recording at or of premises referred to in paragraph (a);

(g) bring any equipment onto the premises that the inspector believes on reasonable grounds is necessary for the examination or processing of things (including documents) found at the premises in order to determine whether they are things that may be seized under this section.

(2) An inspector may enter and search premises under subsection (1) with the assistance of any person necessary to provide technical assistance to the inspector.

(3) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1).

Penalty: In the case of a natural person, 150 penalty units;

In the case of a body corporate, 750 penalty units.

(4) For the purposes of subsection (1), premises excludes any part of a place of business referred to in subsection (1)(a)(i) which is the permanent place of residence of a person.