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Public Health Act 1997
78Powers upon entry
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78 Powers upon entry
Subject to this Act, where an authorised officer enters any place in
accordance with this Act, the officer may, if they consider it to be
necessary or desirable for the purposes of this Act—
(a) inspect, examine, take measurements in relation to, or conduct
tests concerning, the place or any system of work, plant,
substance or thing at the place; and
(b) inspect and test, or remove for testing, any container, equipment
or appliance at the place; and
(c) inspect and test, or remove for testing, any material or substance;
and
(d) open or require a person to open any container or package, and
examine the container or package; and
(e) take photographs or make video or sound recordings or films;
and
(f) seize anything (including records, documents, packaging
material, labels or labelling material and material used in
connection with advertising) that the authorised officer has
reasonable grounds for believing to be connected with an
offence against this Act; and
(g) require the occupier to make available to the authorised officer
any record, document, labelling or advertising material; and
(h) where information required for the purposes of the inspection is
stored on computer or other electronic equipment—require the
occupier to produce the information in a visible or audible form;
and
(i) inspect, make copies of and take extracts from any record,
document or information, being information referred to in
paragraph (h); and
(j) require the occupier to provide information or answer questions
reasonably related to the effect of the use of the place on public
health; and
(k) require the occupier to render such assistance to the authorised
officer as is necessary and reasonable to enable the authorised
officer to exercise their powers under this section; and
(l) stop, detain and inspect any vehicle, vessel or aircraft that the
authorised officer has reasonable grounds for believing to have
in or upon it anything connected with an offence against this
Act.
Note It is an offence to make a false or misleading statement or give false or
misleading information (see Criminal Code, pt 3.4).