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Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020
24Powers that may be exercised on premises
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#### 24 Powers that may be exercised on premises
24 Powers that may be exercised on premises
> > (1) An authorised officer may, at premises lawfully entered, do anything that in the opinion of the authorised officer is necessary to be done for an authorised purpose, including (but not limited to) the things specified in subsection (2).
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> > (2) An authorised officer may do any or all of the following—
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> > > (a) examine and inspect any thing,
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> > > (b) take and remove samples of a thing,
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> > > (c) make examinations, inquiries, measurements or tests that the authorised officer considers necessary,
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> > > (d) take photographs or other recordings that the authorised officer considers necessary,
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> > > (e) direct a person to produce records for inspection,
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> > > (f) examine and inspect any records,
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> > > (g) copy any records,
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> > > (h) seize a thing that the authorised officer has reasonable grounds for believing is connected with—
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> > > > (i) an offence against this Act or the regulations, or
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> > > > (ii) a serious defect in a building,
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> > > (i) move a seized thing from the place where it is seized or leave it at the place where it is seized and take reasonable action to restrict access to the thing,
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> > > (j) direct the occupier of the premises where a thing is seized to retain it at those premises or at another place under the control of the occupier,
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> > > (k) open up, cut open or demolish building work, if the authorised officer has reasonable grounds for believing that it is necessary to do so because it is connected with—
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> > > > (i) an offence against this Act or the regulations, or
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> > > > (ii) a serious defect in a building,
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> > > (l) anything else authorised by or under this Act.
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> > (3) An authorised officer may also direct a developer in relation to building work being carried out on the premises to do the following—
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> > > (a) carry out building work at a specified time or in a specified manner to enable the authorised officer to exercise a further function under this Part for an authorised purpose,
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> > > (b) carry out specified building work only after giving the authorised officer notice in advance (as specified in the direction).
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> > (4) The power to examine and inspect a thing includes a power to use reasonable force to break open or otherwise access a thing, including a floor or wall containing the thing.
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> > (5) The power to test a thing includes a power to destructively test a thing or a sample of a thing, if that is a reasonable test in the circumstances.
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> > (6) The power to seize a thing connected with an offence includes a power to seize—
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> > > (a) a thing with respect to which the offence has been committed, and
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> > > (b) a thing that will afford evidence of the commission of the offence, and
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> > > (c) a thing that was used for the purpose of committing the offence.
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> > (7) The power to do a thing under this section includes a power to arrange for that thing to be done (whether at the premises or elsewhere).
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> > (8) A power to do something under this section with respect to a thing may be exercised without the consent of the owner of the thing.
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> > (9) In this section, a reference to an offence includes a reference to an offence that there are reasonable grounds for believing has been committed.