TASIn ForceAct
Security-sensitive Dangerous Substances Act 2005
56General powers of inspection, &c., of authorised officers
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### 56 General powers of inspection, &c., of authorised officers
> > (1) An authorised officer may enter and search any premises if the authorised officer believes on reasonable grounds that the entry and search is necessary in order to –
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> > > > (a) check whether this Act is being complied with; or
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> > > > (b) check whether the conditions of an SSDS permit are being complied with; or
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> > > > (c) check on the security or condition of an SSDS; or
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> > > > (d) check on the security of a restricted activity in relation to an SSDS; or
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> > > > (e) assess or respond to a security threat.
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> > (2) However, if the premises are unattended or are a residence, the authorised officer may only enter them with the consent of the occupier or under the authority of a warrant issued by a magistrate.
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> > (3) [Schedule 3](#JS3@EN) has effect in relation to the issue, execution, effect and expiry of warrants for the purposes of this section.
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> > (4) Despite [subsection (2)](#GS56@Gs2@EN) , an authorised officer may enter and search premises, whether attended or not and whether or not a residence, and without consent or a warrant, if he or she believes on reasonable grounds that –
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> > > > (a) an urgent security threat exists as a result of anything occurring, or failing to occur, at the premises in relation to an SSDS; and
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> > > > (b) the authorised officer needs to assess or respond to the security threat urgently; and
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> > > > (c) seeking consent or a warrant would jeopardise or unreasonably delay that assessment or response.
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> > (5) If an authorised officer believes on reasonable grounds that a vehicle has been, is being or is likely to be used in connection with an SSDS or restricted activity, the officer may, for a relevant purpose –
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> > > > (a) stop or detain the vehicle or cause the vehicle to be stopped or detained; and
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> > > > (b) search the vehicle for an SSDS or for documents, equipment or other things relating to an SSDS or restricted activity.
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> > (6) If an authorised officer believes on reasonable grounds that a vehicle or equipment has been, is being or is likely to be used in connection with an SSDS or restricted activity, the officer may, for a relevant purpose, direct a person in charge or apparently in charge of the vehicle or equipment to move the vehicle or equipment, or to cause it to be moved, to a suitable location for inspection.
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> > (7) If the inspection is not to take place immediately, the direction is to be given by notice in writing specifying the time, date and location for the inspection.
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> > (8) An authorised officer may carry out an inspection of the kind referred to in [subsection (6)](#GS56@Gs6@EN) without notice if the authorised officer believes on reasonable grounds that an urgent security threat exists.
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> > (9) An authorised officer may, to find out whether this Act is being complied with, take samples, or direct a person in charge of premises or a vehicle or equipment referred to in [subsection (1)](#GS56@Gs1@EN) , [(4)](#GS56@Gs4@EN) , [(5)](#GS56@Gs5@EN) or [(6)](#GS56@Gs6@EN) or another person capable of doing so to give samples, of a substance for examination and testing if the authorised officer believes on reasonable grounds that the substance is an SSDS or goods that are connected with an SSDS.
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> > (10) If [subsection (9)](#GS56@Gs9@EN) applies, the authorised officer must give a receipt in an approved form to the person who –
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> > > > (a) appears to be in charge of the premises, vehicle or equipment from or in respect of which the sample is taken; or
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> > > > (b) gives the sample.
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> > (11) An authorised officer may, for a relevant purpose, direct a person in charge or apparently in charge of premises or a vehicle or equipment referred to in [subsection (1)](#GS56@Gs1@EN) , [(4)](#GS56@Gs4@EN) , [(5)](#GS56@Gs5@EN) or [(6)](#GS56@Gs6@EN) to produce documents.
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> > (12) The authorised officer may make copies of the documents, or remove them to make copies, but if they are removed the authorised officer must –
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> > > > (a) if it is practicable to do so, allow the person otherwise entitled to possession of the documents reasonable access to them; and
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> > > > (b) give a receipt in an approved form.
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> > (13) An authorised officer may, for a relevant purpose, leave at premises written directions to the occupier requiring the occupier, within a specified time –
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> > > > (a) to give, for examination and testing, samples of a substance the authorised officer believes on reasonable grounds to be an SSDS; or
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> > > > (b) to produce documents that may help the authorised officer.
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> > (14) An authorised officer may, for a relevant purpose, direct a person to answer questions that may help the authorised officer.
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> > (15) An authorised officer may make photographic, mechanical or electronic recordings for a purpose incidental to the exercise of a power of the authorised officer under this section.
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> > (16) In this section –
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> > > ***relevant purpose*** means a purpose specified in [subsection (1)(a)](#GS56@Gs1@Hpa@EN) , [(b)](#GS56@Gs1@Hpb@EN) , [(c)](#GS56@Gs1@Hpc@EN) , [(d)](#GS56@Gs1@Hpd@EN) or [(e)](#GS56@Gs1@Hpe@EN) .