Northern Territory Numbered Acts Northern Territory Numbered ActsPart 3, Divisions 2 and 3
repeal, insert
(1) The Minister may, in writing, appoint a person to be an authorised officer.
(2) The Minister must give an authorised officer an identity card stating the person's name and that the person is an authorised officer.
(3) The card must be signed by the authorised officer.
(4) The authorised officer must show the card to any person who requests to know the identity of the officer in the performance of the officer's duties under this Act.
(1) A person commits an offence if the person:
(a) ceases to be an authorised officer; and
(b) fails to return the person's identity card to the Chief Executive Officer within 15 business days after the cessation.
Maximum penalty: 20 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse.
An authorised officer may exercise the powers set out in this Division for the following purposes:
(a) to assist with the exercise of the rights of the Territory under section 9(2);
(b) to assist in the performance of the Minister's duty under section 34;
(c) to monitor compliance with this Act;
(d) to investigate a suspected contravention of this Act.
(1) Subject to sections 28 and 29, an authorised officer may do any of the following:
(a) enter and remain on any land;
(b) move any vehicle;
(c) inspect any land and anything on the land;
(d) search any land entered and anything found there;
(e) take photographs and make sketches or other records of land or things found on land;
(f) take photographs of any person on or in land;
(g) make recordings in any medium, including audio, visual and audio-visual recordings, of land or things found on land;
(h) inspect and take copies of documents and records;
(i) seize any documents and any computer or other equipment required to access any documents;
(j) operate any computer or other equipment;
(k) bring equipment or materials on to land and install and maintain equipment or materials;
(l) measure anything or take samples of anything on land;
(m) examine or test any equipment, machinery or other thing;
(n) require a relevant person to:
(i) provide the person's name, address and date of birth and evidence of these; and
(ii) if the relevant person is acting as a member of a partnership – provide the name, address and telephone number of each other partner in the partnership; and
(iii) if the relevant person is acting as a member of the committee of management of an unincorporated body – provide the name, address and telephone number of each other member of the committee of management;
(o) require a person on the land to give the authorised officer reasonable assistance to exercise or perform the authorised officer's powers or functions including:
(i) by operating any computer or other equipment; and
(ii) by providing any access or assistance to access any computer or other equipment or any service;
(p) authorise a person to provide assistance to the authorised officer in the exercise or performance of the authorised officer's powers or functions;
(q) do any other act or thing or cause anything else to be done that the officer believes on reasonable grounds is necessary for, or incidental to, the exercise of a power mentioned in this Division.
(2) In this section:
associated person , of a person, means:
(a) if the person is a member of a partnership – a partner of the person; or
(b) if the person is a member of and acting on behalf of an unincorporated body – a member of the committee of management of the body; or
(c) an employee, agent, licensee, contractor or subcontractor of the person or of a partnership or body mentioned in paragraph (a) or (b).
"relevant person" means:
(a) a person who is on, or in the vicinity of, land entered by the authorised officer under this section; or
(b) a person who the authorised officer suspects on reasonable grounds is travelling to or from the land; or
(c) a person who the authorised officer suspects on reasonable grounds is the owner or occupier of the land; or
(d) a person who the authorised officer knows or suspects on reasonable grounds is the holder of a permit, licence or consent under this Act; or
(e) a person who the authorised officer suspects on reasonable grounds is a person who is under investigation for a suspected contravention of this Act; or
(f) a person who the authorised officer suspects on reasonable grounds is a person who is an associated person of a person mentioned in paragraph (c), (d) or (e).
(1) This section does not apply in relation to the entry of land that is residential premises.
(2) An authorised officer who intends to enter land under section 27(1) must give the owner or occupier of the land written notice of the intention to enter the land, unless one of the following applies:
(a) entry is required in circumstances that the officer considers constitute an emergency;
(b) the purpose of entry is to ascertain whether a contravention of this Act (including a contravention of a term or condition of a licence, permit, consent or approval granted under this Act) has occurred;
(c) entry is required for the purpose mentioned in section 26(b).
(3) A notice under subsection (2) must be given to the owner or occupier of the land at least 10 business days before the proposed entry and must specify the following:
(a) the land proposed to be entered;
(b) the name and address of the authorised officer and any other person who will enter the land;
(c) details of any activities the authorised officer proposes to carry out on the land.
(1) An authorised officer must not:
(a) enter residential premises for the purpose mentioned in section 26(2)(b); or
(b) enter residential premises for any other purpose without:
(i) the consent of the occupier of the premises obtained in accordance with subsection (2); or
(ii) a warrant issued under section 30.
(2) An authorised officer seeking an occupier's consent to enter residential premises must:
(a) show the officer's identity card to the occupier; and
(b) inform the occupier of the reasons why the entry is sought; and
(c) inform the occupier that the occupier may refuse to give consent.
(3) Having entered residential premises, an authorised officer may remain on the premises for as long as is reasonably necessary to achieve the purpose of the entry.
(1) An authorised officer may apply to a judicial officer for a search warrant to enter residential premises:
(a) by appearing in person before the judicial officer; or
(b) if it is not practicable to appear in person – by telephone or other means of communication.
(2) If the judicial officer is satisfied that there are reasonable grounds to permit the authorised officer to enter the residential premises, the judicial officer may issue a warrant directed to the authorised officer.
(3) If the judicial officer issues a warrant on an application made under subsection (1)(b), the judicial officer must:
(a) complete and sign the warrant (the original warrant ); and
(b) record on the original warrant the reasons for issuing it; and
(c) inform the authorised officer by telephone or other means of communication of its terms.
(4) When informed of the terms of the warrant under subsection (3)(c), the authorised officer must as soon as practicable:
(a) complete 2 copies of the form of warrant in the terms provided by the judicial officer; and
(b) write on each copy the name of the judicial officer and the date and time of the issue of the original warrant; and
(c) forward one copy to the judicial officer.
(5) The authorised officer may use the remaining copy of the warrant to exercise the powers granted by the original warrant.
(6) If the judicial officer is satisfied, after comparing the forwarded copy with the original warrant, that the copy is in substance identical to the original warrant, the judicial officer must certify the copy as being in substance identical to the original warrant.
(7) In this section:
"judicial officer" means any of the following:
(a) a Supreme Court Judge;
(b) an Associate Judge;
(c) a Local Court Judge.
(1) A search warrant permits the authorised officer to whom it is directed, and any other authorised officer, to:
(a) enter the land specified in the warrant; and
(b) exercise the powers of the authorised officer under this Act in relation to the land.
(2) A warrant remains in force for 30 business days from its date of issue.
(1) As soon as practicable but within 5 business days after an authorised officer seizes a thing under section 27, the officer must give a receipt for the seized thing to the person from whom it was seized.
(2) The receipt must describe generally each thing seized and its condition.
(3) If, for any reason, it is not practicable to comply with subsection (1), the authorised officer must:
(a) leave the receipt at the place of seizure; and
(b) ensure the receipt is left in a reasonably secure way and in a conspicuous position.
(4) The authorised officer must allow the owner of the seized thing to inspect it and, if it is a document, to take extracts from it or make copies of it.
(5) The authorised officer must return the seized thing to its owner at the end of the later of:
(a) 12 months; or
(b) if a prosecution for an offence involving the seized thing is started within the 12 months – 12 months after the end of the prosecution for the offence and any appeal from the prosecution.
(6) Despite subsection (5), the authorised officer must return the seized thing to its owner immediately if the authorised officer stops being satisfied its retention as evidence is necessary.
(7) Despite subsections (5) and (6), the authorised officer may keep the seized thing if the authorised officer believes on reasonable grounds that it is necessary to continue to keep it to prevent its use in committing an offence.
(8) The authorised officer must give written notice to the owner of the seized thing as soon as practicable if the officer decides under subsection (7) to keep the thing.
Despite section 32, if the owner of the seized thing is convicted of an offence for which the thing was retained as evidence, the court may order its forfeiture to the Territory.