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In forceAmended2020 Revised Edition
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Part 6 · Insanitary Premises, Sanitary Conveniences, General Health Requirements for Buildings

62D. Monitoring powers for purposes of sections 62A, 62B and 62C

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Amended

Last amended by an amending law of 2020.

(1)

The Director-General or an authorised officer appointed under section 3(2) may, by written notice —

(a)

inspect any specified premises, for the purposes of administering or enforcing section 62A or 62B or ascertaining whether that section has been complied with; or

(b)

inspect any premises or public service vehicle in respect of which a directive is given under section 62C(1), for the purpose of ascertaining whether the directive has been complied with.

(2)

The Director-General or an authorised officer appointed under section 3(2) may also, by written notice, require the Environmental Control Coordinator or Environmental Control Officer for any specified premises to provide, within a reasonable period, and in the form and manner specified in the notice, all documents and information which —

(a)

relate to any matter which the Director‑General or authorised officer considers necessary for the purposes of administering or enforcing section 62A or 62B or ascertaining whether that section has been complied with; and

(b)

are —

(i)

within the knowledge of the Environmental Control Coordinator or Environmental Control Officer; or

(ii)

in the custody or under the control of the Environmental Control Coordinator or Environmental Control Officer.

(3)

The power to require an Environmental Control Coordinator or an Environmental Control Officer to provide any document or information under subsection (2) includes the power —

(a)

to require the Environmental Control Coordinator or Environmental Control Officer to provide an explanation of the document or information;

(b)

if the information is recorded otherwise than in legible form, to require the information to be made available in legible form to the Director‑General or an authorised officer appointed under section 3(2); and

(c)

if the document or information is not provided, to require the Environmental Control Coordinator or Environmental Control Officer to state, to the best of his or her knowledge and belief, where it is and how it may be obtained.

(4)

The Director-General or an authorised officer appointed under section 3(2) is entitled without payment to make and retain copies of any document or information provided to the Director‑General or authorised officer under subsection (2).

(5)

Any individual who, without reasonable excuse, fails to do anything required of the individual by a notice under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(6)

For the purposes of subsection (5), it is a reasonable excuse for an individual to refuse or fail to provide any document or information which the individual is required by a notice under subsection (2) to provide if doing so might tend to incriminate that individual.

Report

Part 7

Aquatic Facilities

Part 7A

Aerosol-Generating Systems

Part 8

Funeral Parlours, Cemeteries and Crematoria

Part 9

Part 9A

General Cleaning Industry

Part 10

Enforcement

Part 11

Compensation, Damages, Fees, Costs and Expenses

Part 12

Miscellaneous Provisions

Schedules