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WATER ACT 2007 - SECT 224

Entering premises to search for evidential material

  (1)   An authorised compliance officer may:

  (a)   enter premises; and

  (b)   exercise any or all of the powers described in subsections   (2) and (3);

if the authorised compliance officer has reasonable grounds for suspecting that there may be evidential material on the premises.

Note:   For evidential material , see subsection   4(1).

  (2)   The authorised compliance officer's powers are as follows:

  (a)   the powers set out in the paragraphs of subsection   221(2);

  (b)   to search the premises, and any thing on the premises, for the evidential material;

  (c)   to inspect, examine and make copies of, take extracts from, take measurements of, conduct tests on or take samples of, the evidential material;

  (d)   to seize evidential material of that kind if the authorised compliance officer finds it on the premises.

  (3)   If:

  (a)   in the course of searching for a particular thing in accordance with an investigation warrant, an authorised compliance officer finds another thing that the authorised compliance officer believes on reasonable grounds to be evidential material; and

  (b)   the authorised compliance officer believes, on reasonable grounds, that it is necessary to do any or all of the following tasks:

  (i)   inspect the other thing;

  (ii)   examine and make copies of the other thing;

  (iii)   take extracts from, or take measurements of, the other thing;

  (iv)   conduct tests on, or take samples of, the other thing;

  (v)   seize the other thing;

    in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating a contravention of a designated compliance provision;

the warrant is taken to authorise the authorised compliance officer to do that other task or tasks.

  (4)   An authorised compliance officer is not authorised to enter premises under subsection   (1) unless:

  (a)   an occupier of the premises has consented to the entry; or

  (b)   the entry is made under an investigation warrant.


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