Section 23

relate to any matter which the Authority considers necessary —

to ensure that the provisions of this Act and its subsidiary legislation, or any conditions imposed on a licence or classification certificate, are being complied with; or

to otherwise carry out the functions or duties of or assigned to the Authority by or under this Act; and

are within the knowledge of that licensee or person of interest, or in or under the custody or control of that licensee or person, as the case may be.

to require that licensee or person of interest, or any individual who is or was an officer, agent or employee of the licensee or person of interest, to provide an explanation of the document or information;

if the document or information is not furnished, to require the licensee or person of interest, or that individual mentioned in paragraph (a), to state, to the best of the knowledge and belief of that licensee, person or individual, where the document or information is; and

if the information is recorded otherwise than in legible form, to require the information to be made available to the Authority, enforcement officer, or classification officer or licensing officer (as the case may be) in legible form.

to examine or observe any activity conducted in or on the place;

to inspect and examine any thing in or on the place;

to make any still or moving image or any recording of the place or any thing in or on the place;

to inspect any document in the place and take extracts from, or make copies of, any such document;

to take into or onto the place such equipment and materials as the enforcement officer requires for the purpose of exercising powers in relation to the place;

to operate electronic equipment in or on the place; (g)to secure a thing for a period not exceeding 24 hours if the thing is found in or on the place, where the enforcement officer believes on reasonable grounds that —

the thing is evidential material, or is used or intended to be used for the purpose of contravening any conditions imposed on a licence or classification certificate; and

it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and

to require any individual found in or on the place to answer any question (to the best of that individual’s knowledge, information and belief) and to furnish any document or information.

to use a disk, tape or other storage device that is in or on the place and can be used with the equipment or in association with the equipment;

to operate electronic equipment in or on the place to put the relevant data in documentary form and remove the documents so produced from the place; and

to operate electronic equipment in or on the place to transfer the relevant data to a disk, tape or other storage device that —

is brought to the place for the exercise of the power; or

is in or on the place and the use of which for that purpose has been agreed in writing by the occupier of the place,and to remove the disk, tape or other storage device from that place.

to secure the thing by locking it up, placing a guard or any other means; and

to prohibit any person from dealing with such thing.

who intentionally alters, suppresses or destroys any document or information which the person has been required by a notice under subsection (1), or under subsection (4)(h), to furnish; or

who, in furnishing any document or information required under subsection (1), or under subsection (4)(h), makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

the individual or person does not possess the document or information required; or

the individual or person has taken all reasonable steps available to the individual or person to obtain the document or information required and has been unable to obtain it.

to a licensee include a reference to every person who is a class licensee or who is registered as a film content assessor; and

to documents or information include a reference to any film (whether classified or not) and any advertisement for a film.