Retirement Villages Act 2016
Div 3Authorised officers
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Division 3—Authorised officers 14—Authorised officers (1) The following persons are authorised officers for the purposes of this Act: (a) the Registrar; (b) a person appointed by the Minister to be an authorised officer. (2) An appointment under subsection (1)(b) may be made subject to conditions specified in the instrument of appointment. (3) The Minister may, at any time, revoke an appointment of an authorised officer appointed under subsection (1)(b) or vary or revoke a condition of appointment or impose a further condition of appointment. 15—Identification of authorised officers (1) An authorised officer appointed under section 14(1)(b) must be issued with an identity card by the Minister. (2) If the powers of the authorised officer have been limited by conditions, the identity card issued to the officer must contain a statement of those conditions. (3) An authorised officer must, at the request of a person in relation to whom the officer intends to exercise powers under this Act, produce for the inspection of the person the officer's identity card or other evidence of their authority. 16—General powers of authorised officers (1) An authorised officer may (subject to any conditions of the officer's appointment) exercise the following powers for the purposes of the administration or enforcement of this Act: (a) subject to subsection (2)—enter and inspect at any reasonable time premises, a place or a vehicle that the authorised officer believes on reasonable grounds are used for purposes connected to the management of or carrying on of the business of a retirement village and use such force as may be reasonably necessary to gain entry; (b) require a person to produce documents in the person's possession or control for inspection; (c) require a person who has been issued a document under this Act, or who is required to keep records under this Act, to produce the document or records for inspection; (d) inspect, take copies of or extracts from, or make notes from, any documents or records produced and, for that purpose, take temporary possession of any such documents or records; (e) take possession of any documents or records produced (if the authorised officer considers it necessary to do so for the purpose of obtaining evidence or protecting evidence from destruction); (f) take such photographs, films and audio, video and other recordings as the authorised officer considers necessary; (g) require any person in the premises, place or vehicle to answer questions or otherwise furnish information in relation to the carrying on of the business of a retirement village or a contravention of a provision of this Act; (h) require a person who the 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; (i) require the owner or occupier (including a resident) of the premises, place or vehicle to provide the authorised officer with such assistance and facilities as is or are reasonably necessary to enable the authorised officer to exercise the functions of an authorised officer under this Act. (2) An authorised officer cannot exercise the power conferred by subsection (1)(a) to enter a part of premises used for residential purposes except— (a) with the consent of the owner or occupier of the premises; or (b) on the authority of a warrant issued by a magistrate. (3) A magistrate must not issue a warrant under this section unless satisfied on information given on oath, personally or by affidavit, that there are reasonable grounds for the issue of a warrant. (4) In the exercise of powers under this Act, an authorised officer may be assisted by such persons as the officer considers necessary in the circumstances. 17—Power to require information etc If an authorised officer believes on reasonable grounds that a person is capable of giving information, producing documents or answering questions in relation to a matter that constitutes, or may constitute, an offence under this Act or the regulations, the authorised officer may, by written notice given to the person, require the person— (a) to provide an authorised officer with any such information in writing within the time and in the manner specified in the notice; or (b) to produce to an authorised officer, in accordance with the notice, any such documents; or (c) to appear before an authorised officer at a time and place specified in the notice and answer any such questions, either orally or in writing, and produce any such documents. 18—Offence to hinder etc authorised officers (1) A person who— (a) hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers under this Act; or (b) uses abusive, threatening or insulting language to an authorised officer or a person assisting an authorised officer; or (c) subject to section 19—refuses or fails to comply with a requirement of an authorised officer under this Act; or (d) provides information or answers questions in purported compliance with a requirement made or question asked by an authorised officer under this Act knowing the information or answer to be false or misleading in a material particular; or (e) falsely represents, by words or conduct, that they are an authorised officer, is guilty of an offence. (2) A person who assaults an authorised officer, or a person assisting an authorised officer, in the exercise of powers under this Act, is guilty of an offence. Maximum penalty: $20 000 or imprisonment for 2 years. 19—Self incrimination A person may refuse to comply with a requirement of an authorised officer under this Division to provide information if the information might tend to incriminate the person of an offence.