Div 5Authorised officers

Division 5—Authorised officers 43—State authorised officers (1) The Minister may appoint a suitably qualified person to be a State authorised officer. (2) An appointment under this section may be made subject to such conditions or limitations as the Minister thinks fit. (3) Without limiting subsection (2), the powers conferred on a State authorised officer under this or any other Act may be exercised in the whole of the State or such part or parts of the State as may be specified in the instrument of appointment. (4) A State authorised officer is subject to direction by the Chief Public Health Officer. (5) The Minister may vary or revoke an appointment at any time. 44—Local authorised officers (1) A council may, by instrument in writing, appoint a suitably qualified person to be a local authorised officer. (2) An appointment under this section may be made subject to such conditions or limitations as the council thinks fit. (3) Without limiting subsection (2), the powers conferred on a local authorised officer under this or any other Act may be exercised within the area of the council. (4) A local authorised officer is subject to direction by the council. (5) A person may hold an appointment as a local authorised officer from more than 1 council. (6) The council may vary or revoke an appointment at any time. (7) A council must notify the Chief Public Health Officer if the council— (a) makes an appointment under this section; or (b) revokes an appointment under this section. (8) A notification under subsection (7) must be accompanied by such information as the Chief Public Health Officer thinks fit and specifies for the purposes of this section from time to time. (9) A council must, in determining the number of local authorised officers who should be appointed for its area, take into account any policy developed by the Chief Public Health Officer for the purposes of this section. 45—Qualifications (1) Subject to subsection (2), a person is not eligible for appointment as an authorised officer unless the person holds qualifications approved by the Minister for the purposes of this Division (being qualifications or classes of qualifications that may vary according to factors determined by the Minister). (2) The Minister may grant exemptions from the operation of subsection (1). (3) An exemption may be granted on conditions determined by the Minister. 46—Identity cards (1) An authorised officer appointed under this Act must be issued with an identity card in a form approved by the Chief Public Health Officer— (a) containing the person's name and a photograph of the person; and (b) stating that the person is an authorised officer for the purposes of this Act; and (c) setting out the name or office of the issuing authority. (2) The identity card must be issued as soon as is reasonably practicable after the appointment is made (but an authorised officer is not prevented from exercising powers under this Act just because an identity card is yet to be issued). (3) An authorised officer must, at the request of a person in relation to whom the officer intends to exercise any powers under this Act, produce for the inspection of the person his or her identity card (unless the identity card is yet to be issued). (4) An authorised officer appointed under this Act must, on ceasing to be an authorised officer for any reason, surrender his or her identity card to the Chief Public Health Officer (if a State authorised officer) or the council that made the appointment (if a local authorised officer). Maximum penalty: $250. 47—Powers of authorised officers (1) An authorised officer may, for any purpose connected with the administration or operation of this Act or with the performance, exercise or discharge of a function, power or duty under this Act— (a) at any reasonable time, enter or inspect any premises or vehicle; and (b) during the course of the inspection of any premises or vehicle— (i) ask questions of any person found in the premises or vehicle; and (ii) inspect any article or substance found in the premises or vehicle; and (iii) take and remove samples of any substance or other thing found in the premises or vehicle; and (iv) require any person to produce any plans, specifications, books, papers or documents; and (v) examine, copy and take extracts from any plans, specifications, books, papers or documents; and (vi) take photographs, films or video recordings; and (vii) take measurements, make notes and carry out tests; and (viii) remove any article that may constitute evidence of the commission of an offence against this Act; and (c) require any person to answer any question that may be relevant to— (i) ascertaining whether the person is suffering from a notifiable condition; or (ii) the administration or enforcement of this Act. (2) In the exercise of powers under this Act, an authorised officer may be accompanied by such assistants as may be necessary or desirable in the circumstances. (3) An authorised officer may use reasonable force to enter any premises or vehicle— (a) on the authority of a warrant issued by a magistrate; or (b) if the officer believes, on reasonable grounds, that the circumstances require immediate action to be taken. (4) A magistrate must not issue a warrant under subsection (3) unless satisfied— (a) that there are reasonable grounds to suspect that an offence against this Act has been, is being, or is about to be, committed; or (b) that the warrant is reasonably required in the circumstances. (5) If an authorised officer is inspecting premises or a vehicle under this section, the person in charge of the premises or vehicle must provide such assistance as the authorised officer reasonably requires to facilitate the inspection. (6) A person who— (a) hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of a power under this section; or (b) having been asked a question under this section, does not answer the question to the best of his or her knowledge, information and belief; or (c) being the person in charge of premises or a vehicle subject to an inspection and having been required to provide reasonable assistance to facilitate the inspection, refuses or fails to provide such assistance, is guilty of an offence. (7) A person who furnishes information under this section cannot, by virtue of doing so, be held to have breached any law or any principle of professional ethics. (8) It is not an excuse for a person to refuse or fail to furnish information under this section on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (9) However, if compliance with a requirement to furnish information might tend to incriminate a person or make a person liable to a penalty, then— (a) in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of, the document or the information (as distinct from the contents of the documents or the information); or (b) in any other case—any answer given in compliance with the requirement, is not admissible in evidence against the person for an offence or for the imposition of a penalty (other than proceedings in respect of the provision of information that is false or misleading).