New South Wales Consolidated Acts

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Powers of entry, inspection etc

196A Powers of entry, inspection etc

(1) An investigator may exercise the powers conferred by this section for the purposes of--
(a) ascertaining whether the provisions of this Act or the regulations are being complied with or have been contravened, or
(b) investigating a complaint made under this Act, or
(c) obtaining evidence, documents or information in relation to a matter that constitutes or may constitute a contravention of this Act or the regulations.
(2) An investigator may enter and inspect at any reasonable time any premises that the investigator believes on reasonable grounds are used for the management of or carrying on of the business of a retirement village.
(3) While on premises entered under this section, an investigator may do any one or more of the following--
(a) require any person on those premises to produce any documents in the possession or under the control of that person relating to the carrying on of the business of a retirement village and, in the case of documents stored electronically, to produce any such documents in written form,
(b) inspect, take copies of or extracts from, or make notes from, any such documents and, for that purpose, take temporary possession of any such documents,
(c) take possession of such documents if the investigator considers it necessary to do so for the purpose of obtaining evidence or protecting evidence from destruction,
(d) take such photographs, films and audio, video and other recordings as the investigator considers necessary,
(e) require any person on those premises to answer questions or otherwise furnish information in relation to the carrying on of the business of a retirement village or a contravention of a provision of this Act,
(f) require the owner or occupier (including a resident) of those premises to provide the investigator with such assistance and facilities as is or are reasonably necessary to enable the investigator to exercise the functions of an investigator under this Part.
(4) An investigator is not entitled to enter a part of premises used for residential purposes except--
(a) with the consent of the occupier, or
(b) under the authority of a search warrant.
(5) An investigator may not exercise in any premises a function conferred by this Part unless the investigator produces a certificate of identification if requested to do so by a person apparently in charge of those premises or apparently in charge of any work being performed on those premises.

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