Part 3This Part applies to the exercise of any function under this Act or the regulations, or under a search warrant issued under this Act, relating to:(a) the searching for, apprehension or removal of a person in or from any premises or place, or(b) the entry, searching or inspection of any premises or place.
239 Attendance of police or medical practitioner
(1) A person in exercising a function to which this Part applies may be accompanied by a police officer or a medical practitioner, or both.(2) The police officer or medical practitioner may take all reasonable steps to assist the person in the exercise of the person’s functions.
(1) A person in exercising a function to which this Part applies may use all reasonable force.(2) No compensation is payable for any damage done or loss incurred in the use of reasonable force.
241 Powers exercisable on entry and inspection
(1) A person who is authorised under this Act or the regulations, or under a search warrant issued under this Act, to enter and inspect any premises, may do any one or more of the following:(a) enter the premises,(b) inspect the premises,(c) make such examination and inquiry as the person thinks necessary in order to exercise functions under this Act and the regulations,(d) take such photographs and films, and audio, video and other recordings, as the person considers necessary,(e) make copies of, or take extracts or notes from, any records, books, documents or other things,(f) for the purpose of further examination, take possession of, and remove, any of those records, books, documents or other things,(g) require the owner or occupier of the premises to provide the person with such assistance and facilities as is or are reasonably necessary to enable the person to exercise functions under this Act or the regulations,(h) require any person in or about the premises to answer questions or otherwise furnish information,(i) require any person to produce any records, books, documents or other things in the possession or under the control of the person that relate to, or that the person making the entry and inspection believes on reasonable grounds relate to, the operation or administration of the premises or any activity conducted on or from the premises,(j) if the person making the entry and inspection considers it necessary to do so for the purpose of obtaining evidence of the commission of an offence, seize any document or other thing inspected.(1A) A person who is authorised under this Act or the regulations, or under a search warrant issued under this Act, to search for, apprehend or remove a person in or from any premises or place may take such photographs and films, and audio, video and other recordings, as the person considers necessary.(2) A person must comply with any requirement under this section of the person making the entry and inspection.Maximum penalty: 200 penalty units.
Note. An offence against subsection (2) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 258.
242 Observing and conversing with persons
(1) A person in exercising a function to which this Part applies, and a police officer or medical practitioner accompanying the person, may observe and converse with any person present in any premises or at any place entered by the person.(2) Nothing in subsection (1) authorises:(a) the examination of a child or young person in contravention of section 176 (Special medical examinations) or section 177 (Ordinary medical and dental treatment), or(b) the examination of any other person against the person’s will.
243 Application of search warrants provisions
Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 (sections 62 (1) (c) and 67 (2) (b) (iv) excepted) applies to a search warrant issued under this Act.
244 Effect of failure to properly exercise function
The failure to exercise a function to which this Part applies in accordance with the provision of this Act or the regulations by which the function is conferred or imposed does not invalidate any thing done under any other provision of this Act or the regulations.