South Australian Current Acts South Australian Current Acts (1) An authorised
person may—
(a)
after giving reasonable notice to the owner or occupier of land, enter
land—
(i)
for a purpose related to the operation, administration or
enforcement of this or another Act by the council (including to ascertain
whether an order should be made or other action taken by the council under
this or another Act); or
(ii)
to carry out any inspection that the council is
authorised to undertake under this or another Act; or
(iii)
to carry out any work that the council is authorised to
undertake under this or another Act;
(b)
subject to subsection (2), where necessary, break into any place for a
purpose related to the administration or enforcement of this Act;
(c)
require a person to produce documents (which may include a written record
reproducing in an understandable form information stored by computer,
microfilm or other process) as reasonably required in connection with the
administration or enforcement of this Act or a by-law under this Act;
(d)
examine, copy or take extracts from documents or information so produced or
require a person to provide a copy of any such document or information;
(e)
carry out tests, make measurements or take photographs, films or video
recordings as reasonably necessary in connection with the administration or
enforcement of this Act or a by-law under this Act;
(f)
require a person whom the authorised person reasonably suspects to have
committed, or to be committing or about to commit, any breach of this Act or a
by-law under this Act to state the person's full name and usual place of
residence and to produce evidence of the person's identity;
(g)
require a person who the authorised person reasonably suspects has knowledge
of matters in respect of which information is reasonably required for the
administration or enforcement of this Act or a by-law under this Act to answer
questions in relation to those matters;
(h) give
expiation notices to persons alleged to have committed expiable offences under
this Act or a by-law under this Act;
(i)
give any directions reasonably required in connection
with the exercise of a power conferred above or otherwise in connection with
the administration or enforcement of this Act or a by-law under this Act.
(2) An authorised
person may only exercise the power conferred by subsection (1)(b) on the
authority of a warrant issued by a magistrate unless the authorised person
believes, on reasonable grounds, that the circumstances require immediate
action to be taken.
(3) A magistrate must
not issue a warrant under subsection (2) unless satisfied, on information
given on oath—
(a) that
there are reasonable grounds to suspect that a provision of this or another
Act has been, is being, or is about to be, breached; or
(b) that
the warrant is otherwise reasonably required in the circumstances.
(4) In the exercise of
powers under this Act, an authorised person may be assisted by such persons as
he or she considers necessary in the circumstances.
(5) An occupier of a
building must give to an authorised person or a person assisting an
authorised person such assistance as is reasonably required for the effective
exercise of the powers conferred by this section to be exercised.
Maximum penalty: $5 000.
(6) Subject to
subsection (7), a person who—
(a)
without reasonable excuse, hinders or obstructs an authorised person, or a
person assisting an authorised person, in the exercise of powers under this
Act; or
(b) uses
abusive, threatening or insulting language to an authorised person, or a
person assisting an authorised person; or
(c)
without reasonable excuse, fails to obey a requirement or direction of an
authorised person under this Act; or
(d)
without reasonable excuse, fails to answer, to the best of the person's
knowledge, information and belief, a question put by an authorised person; or
(e)
falsely represents, by words or conduct, that he or she is an
authorised person,
is guilty of an offence.
Maximum penalty: $5 000.
(7) A person is not
obliged to answer a question or to produce, or provide a copy of, a document
or information as required under this section if to do so might tend to
incriminate the person or make the person liable to a penalty.
(8) A person is not
obliged to provide information under this section that is privileged on the
ground of legal professional privilege.
(9) A person who
assaults an authorised person, or a person assisting an authorised person in
the exercise of powers under this Act, is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(10) An
authorised person, or a person assisting an authorised person, who—
(a)
addresses offensive language to any other person; or
(b)
without lawful authority hinders or obstructs or uses or threatens to use
force in relation to any other person,
is guilty of an offence.
Maximum penalty: $5 000.