Commonwealth Numbered Acts

WATER ACT 2007 (NO. 137, 2007) - SECT 224

             (1)  An authorised officer may:

                     (a)  enter premises; and

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

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

Note:          Evidential material is material relating to certain civil contraventions (see the definition of evidential material in section 4).

             (2)  The authorised 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.

             (3)  If:

                     (a)  in the course of searching for a particular thing in accordance with a warrant under section 226, an authorised officer finds another thing that the authorised officer believes on reasonable grounds to be evidential material; and

                     (b)  the authorised 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;

                            in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating a contravention of a provision of Part 2 or regulations made for the purposes of Part 2;

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

             (4)  An authorised 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 a warrant under section 226.