sec.117General powers after entering places

### sec.117 General powers after entering places This section applies to an inspector who enters a place. However, if an inspector enters a place to get the occupier’s consent to enter a place, this section applies to the inspector only if the consent is given or the entry is otherwise authorised. For monitoring or enforcing compliance with this Act, the inspector may— search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, at the place for analysis, measurement or testing; or take an extract from, or copy, a document at the place or take the document to another place to copy it; or if a video surveillance device is installed at the place to monitor the security of a security enhanced source—take a tape, disc or other thing from the device for checking compliance with the approved security plan for the source; or conduct recordings, measurements, tests or analyses to assess— the degree of exposure of any person, or the environment, to radiation emitted from radioactive material or a radiation apparatus; or the amount of radiation emitted from radioactive material or a radiation apparatus during a particular period; or the levels of health risks to persons, or the levels of risk of harm to the environment, associated with a radiation practice carried out at the place; or the adequacy of measures put into effect at the place to deal with the risks; or if there is a security risk concerning a radiation source, the level of the risk; or test a security device or other thing at the place to assess the adequacy of measures to deal with the security of a radiation source at the place; or inquire into the circumstances and probable causes of the following at the place— a radiation hazard; a security risk, or a security breach, concerning a radiation source; a risk of harm to the environment concerning a radiation source; or if, because of the amount of radiation being emitted from radioactive material or a radiation apparatus during a particular period, the health or safety of any person at or near the place is likely to be endangered— require a person not to enter, or remain at or near, the place; or direct the actions of a person at or near the place; or if there is or has been an increased security risk, or a security breach, concerning a radiation source at the place— require a person not to enter, or remain at or near, the place; or direct the actions of a person at or near the place; or take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this division; or require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (h) ; or require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with. When making a requirement, or giving a direction, under subsection (3) (g) , (ga) , (i) or (j) , the inspector must warn the person it is an offence not to comply with the requirement or direction, unless the person has a reasonable excuse. If an inspector takes a document from a place to copy it, the document must be copied and returned to the place as soon as practicable. If an inspector takes a tape, disc or other thing from a video surveillance device, it must be copied and returned to the place as soon as practicable. s 117 amd 2010 No. 8 s 43 (sec.117-ssec.1) This section applies to an inspector who enters a place. (sec.117-ssec.2) However, if an inspector enters a place to get the occupier’s consent to enter a place, this section applies to the inspector only if the consent is given or the entry is otherwise authorised. (sec.117-ssec.3) For monitoring or enforcing compliance with this Act, the inspector may— search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, at the place for analysis, measurement or testing; or take an extract from, or copy, a document at the place or take the document to another place to copy it; or if a video surveillance device is installed at the place to monitor the security of a security enhanced source—take a tape, disc or other thing from the device for checking compliance with the approved security plan for the source; or conduct recordings, measurements, tests or analyses to assess— the degree of exposure of any person, or the environment, to radiation emitted from radioactive material or a radiation apparatus; or the amount of radiation emitted from radioactive material or a radiation apparatus during a particular period; or the levels of health risks to persons, or the levels of risk of harm to the environment, associated with a radiation practice carried out at the place; or the adequacy of measures put into effect at the place to deal with the risks; or if there is a security risk concerning a radiation source, the level of the risk; or test a security device or other thing at the place to assess the adequacy of measures to deal with the security of a radiation source at the place; or inquire into the circumstances and probable causes of the following at the place— a radiation hazard; a security risk, or a security breach, concerning a radiation source; a risk of harm to the environment concerning a radiation source; or if, because of the amount of radiation being emitted from radioactive material or a radiation apparatus during a particular period, the health or safety of any person at or near the place is likely to be endangered— require a person not to enter, or remain at or near, the place; or direct the actions of a person at or near the place; or if there is or has been an increased security risk, or a security breach, concerning a radiation source at the place— require a person not to enter, or remain at or near, the place; or direct the actions of a person at or near the place; or take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this division; or require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (h) ; or require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with. (sec.117-ssec.4) When making a requirement, or giving a direction, under subsection (3) (g) , (ga) , (i) or (j) , the inspector must warn the person it is an offence not to comply with the requirement or direction, unless the person has a reasonable excuse. (sec.117-ssec.5) If an inspector takes a document from a place to copy it, the document must be copied and returned to the place as soon as practicable. (sec.117-ssec.6) If an inspector takes a tape, disc or other thing from a video surveillance device, it must be copied and returned to the place as soon as practicable. - (a) search any part of the place; or - (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or - (c) take a thing, or a sample of or from a thing, at the place for analysis, measurement or testing; or - (d) take an extract from, or copy, a document at the place or take the document to another place to copy it; or - (da) if a video surveillance device is installed at the place to monitor the security of a security enhanced source—take a tape, disc or other thing from the device for checking compliance with the approved security plan for the source; or - (e) conduct recordings, measurements, tests or analyses to assess— (i) the degree of exposure of any person, or the environment, to radiation emitted from radioactive material or a radiation apparatus; or (ii) the amount of radiation emitted from radioactive material or a radiation apparatus during a particular period; or (iii) the levels of health risks to persons, or the levels of risk of harm to the environment, associated with a radiation practice carried out at the place; or (iv) the adequacy of measures put into effect at the place to deal with the risks; or (v) if there is a security risk concerning a radiation source, the level of the risk; or - (i) the degree of exposure of any person, or the environment, to radiation emitted from radioactive material or a radiation apparatus; or - (ii) the amount of radiation emitted from radioactive material or a radiation apparatus during a particular period; or - (iii) the levels of health risks to persons, or the levels of risk of harm to the environment, associated with a radiation practice carried out at the place; or - (iv) the adequacy of measures put into effect at the place to deal with the risks; or - (v) if there is a security risk concerning a radiation source, the level of the risk; or - (ea) test a security device or other thing at the place to assess the adequacy of measures to deal with the security of a radiation source at the place; or - (f) inquire into the circumstances and probable causes of the following at the place— (i) a radiation hazard; (ii) a security risk, or a security breach, concerning a radiation source; (iii) a risk of harm to the environment concerning a radiation source; or - (i) a radiation hazard; - (ii) a security risk, or a security breach, concerning a radiation source; - (iii) a risk of harm to the environment concerning a radiation source; or - (g) if, because of the amount of radiation being emitted from radioactive material or a radiation apparatus during a particular period, the health or safety of any person at or near the place is likely to be endangered— (i) require a person not to enter, or remain at or near, the place; or (ii) direct the actions of a person at or near the place; or - (i) require a person not to enter, or remain at or near, the place; or - (ii) direct the actions of a person at or near the place; or - (ga) if there is or has been an increased security risk, or a security breach, concerning a radiation source at the place— (i) require a person not to enter, or remain at or near, the place; or (ii) direct the actions of a person at or near the place; or - (i) require a person not to enter, or remain at or near, the place; or - (ii) direct the actions of a person at or near the place; or - (h) take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this division; or - (i) require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (h) ; or - (j) require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with. - (i) the degree of exposure of any person, or the environment, to radiation emitted from radioactive material or a radiation apparatus; or - (ii) the amount of radiation emitted from radioactive material or a radiation apparatus during a particular period; or - (iii) the levels of health risks to persons, or the levels of risk of harm to the environment, associated with a radiation practice carried out at the place; or - (iv) the adequacy of measures put into effect at the place to deal with the risks; or - (v) if there is a security risk concerning a radiation source, the level of the risk; or - (i) a radiation hazard; - (ii) a security risk, or a security breach, concerning a radiation source; - (iii) a risk of harm to the environment concerning a radiation source; or - (i) require a person not to enter, or remain at or near, the place; or - (ii) direct the actions of a person at or near the place; or - (i) require a person not to enter, or remain at or near, the place; or - (ii) direct the actions of a person at or near the place; or