AustLII Tasmanian Consolidated Acts

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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 65J

Powers of authorised officers

(1)  An authorised officer may, if reasonably required for a purpose connected with the administration or enforcement of this Act, enter and inspect any place if –
(a) the occupier of the place consents to the officer's entry; or
(b) the entry is made under a warrant issued under section 65K ; or
(c) the place is a public place and the entry occurs when the place is open to the public.
(2)  An authorised officer may, if reasonably required for a purpose connected with the administration or enforcement of this Act –
(a) take photographs, films or audio, video or other recordings; or
(b) examine or test any air or thing from a place or require the thing to be examined or tested or provided to the officer for examination or testing.
(3)  An authorised officer may require a person to provide to the officer a document, or a copy of a document, in the possession of the person, if the document is reasonably required for a purpose connected with the administration or enforcement of this Act.
(4)  The documents that a person may be required under subsection (3) to provide include, but are not limited to including, a document in writing that reproduces in a comprehensible form information in the possession of the person that is stored by an electronic device, object or process.
(5)  An authorised officer may examine, copy or take extracts from a document provided in accordance with a requirement imposed under subsection (3) or found in the conduct of a search under this Act.
(6)  An authorised officer may require a person to provide information to the officer that is reasonably required for a purpose connected with the administration or enforcement of this Act.
(7)  An authorised officer may require a person to answer questions in relation to a matter.
(8)  An authorised officer may only require a person to answer questions in relation to a matter if –
(a) the questions relate to a matter in respect of which information is reasonably required for a purpose connected with the administration or enforcement of this Act; and
(b) the officer reasonably suspects the person may have the information.
(9)  An authorised officer may require a person who the officer reasonably suspects has committed, is committing, or is about to commit, an offence against this Act, to –
(a) state the person's full name, date of birth and usual place of residence; and
(b) produce evidence of the person's identity.



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