Water Industry Competition Act 2006 No 104
Current version for 1 January 2014 to date (accessed 23 December 2014 at 12:35)
Part 7Division 2

Division 2 Powers of inspectors

74   Inspectors

(1)  The Minister may appoint inspectors for the purposes of this Act or of any specified provision of this Act.
(2)  Each inspector must be issued with an identity certificate containing the following:
(a)  the name of the inspector,
(b)  a passport-style photograph of the inspector’s face,
(c)  a statement to the effect that the inspector is authorised to enter premises for the purpose of this Act.
(3)  Subject to any conditions to which his or her appointment as an inspector is subject, an inspector may, during normal business hours, enter any premises for the purpose of ascertaining whether an offence against this Act or the regulations, or a contravention of the conditions of a licence, has been committed.
(4)  On request by any person who appears to be in occupation of the premises, an inspector must produce his or her identity certificate for inspection.

Maximum penalty: 10 penalty units.

(5)  This section does not authorise an inspector to enter such part of a building as is being used for residential purposes except with the consent of the occupier or under the authority of a warrant of entry.

75   Notice of entry

(1)  Before an inspector exercises a power of entry under this Division, the inspector must give the owner or occupier of the land written notice of the intention to enter the land.
(2)  The notice must specify the day on which the inspector intends to enter the land and must be given before that day.
(3)  This section does not require notice to be given:
(a)  if entry to the land is made with the consent of the owner or occupier of the land, or
(b)  if entry is required in an emergency.

76   Use of force

(1)  Reasonable force may be used for the purpose of gaining entry to any land (other than such part of a building as is being used for residential purposes) under a power conferred by this Division, but only if authorised by the Minister in accordance with this section.
(2)  The authority:
(a)  must be in writing, and
(b)  must be given in respect of the particular entry concerned, and
(c)  must specify the circumstances that must exist before force may be used.

77   Notification of use of force or urgent entry

(1)  An inspector:
(a)  who uses force for the purpose of gaining entry to land, or
(b)  who enters land in an emergency without giving written notice to the owner or occupier of the land,
must promptly advise the Minister of that fact.
(2)  The Minister must give notice of the entry to such persons or authorities as appear to the Minister to be appropriate in the circumstances.

78   Care to be taken

(1)  In the exercise of a power under this Division, an inspector must do as little damage as possible.
(2)  As far as practicable, entry onto fenced land is to be made through an existing opening in the enclosing fence or, if entry through an existing opening is not practicable, through a new opening.
(3)  Any new opening is to be properly closed when the need for entry ceases.
(4)  If, in the exercise of a power under this Division, any pit, trench, hole or bore is made, the inspector:
(a)  must fence it, and keep it securely fenced, so long as it remains open or not sloped down, and
(b)  must, without unnecessary delay, close it, fill it or slope it down.

79   Compensation

An inspector must pay compensation to the owner of any land in respect of which a power has been exercised under this Division for any loss or damage arising from the exercise of the power, but is not so liable to the extent to which the loss or damage arises from work done for the purposes of an inspection that reveals that the owner has contravened this Act or the regulations.

80   Warrants of entry

(1)  An inspector may apply to an authorised officer for a warrant of entry if of the opinion that it is necessary for an inspector to enter and inspect any land (including any building used for residential purposes) for the purposes of this Act.
(2)  An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a warrant of entry authorising an inspector named in the warrant to enter and inspect the land for the purposes of this Act.
(3)  Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a warrant of entry under this section in the same way as it applies to a search warrant under that Act.
(4)  In this section, authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.

81   Obstruction of inspectors

A person must not:
(a)  prevent an inspector from exercising the inspector’s functions under this Act, or
(b)  hinder or obstruct an inspector in the exercise of any such function, or
(c)  impersonate an inspector.

Maximum penalty: 200 penalty units (in the case of a corporation) and 50 penalty units (in any other case).

Top of page