35Requirements before certain powers can be exercised

35 Requirements before certain powers can be exercised (1) This section applies to the exercise of any of the following powers by an authorised officer: (a) giving a direction under section 36 (1) (Direction to give name and address); (b) entering premises under section 37 (1) (b) or (c) (Powers of authorised officer to enter premises); (c) giving a direction under section 39 (1) (e) (General powers on entry to premises). (2) Before exercising the power, the authorised officer must— (a) either— (i) show their identity card to the affected person; or (ii) if the authorised officer intends to exercise the power other than in person—give the affected person other evidence of the authorised officer’s identity; and (b) tell the affected person the reason for exercising the power; and (c) tell the affected person about— (i) for a direction under section 36 (1)—section 36 (3); or (ii) for a direction under section 39 (1) (e)—section 39 (2). Example—exercise of powers other than in person an authorised officer emails a person asking for consent to enter and search the person’s premises using a remote-controlled surveillance device

(3) The authorised officer must ensure the matters mentioned in subsection (2) are communicated in a way that the authorised officer believes the affected person is likely to understand. affected person, in relation to the exercise of a power under this part, means— (a) the individual affected by the exercise of the power; or (b) if the person is not an individual—an employee, officer or agent of the person affected by the exercise of the power. identity card means— (a) in relation to an authorised officer appointed under section 32 (1)—the identity card given under section 34 (1); or (b) in relation to a public health officer under the Public Health Act 1997—the identity card issued to the officer under that Act; or (c) in relation to a police officer—evidence that they are a police officer; or (d) in relation to an investigator under the Fair Trading (Australian Consumer Law) Act 1992—the identity card issued to the investigator under that Act.