Infrastructure Protection Act 2017 · 2020 Revised Edition · Part 8 · Enforcement Powers, General Offences and Related Matters
66. Powers of search, etc.
Feedback & supportFor the purpose of ascertaining whether there is or has been any contravention of this Act in relation to a protected infrastructure, the Commissioner has the power to do all or any of the following:
protected infrastructure
“protected infrastructure” means —(a)a protected area;(b)a protected place;(c)a special development;(d)a special infrastructure; or(e)any premises in respect of which a security directive under section 55 or a Minister’s order under section 58 is issued;
enter, inspect and search, without warrant, the protected infrastructure;
take possession of any thing found in the protected infrastructure that is reasonably believed to be connected to any contravention of this Act;
require the owner or occupier of the protected infrastructure to —
produce to the Commissioner for inspection; or
supply the Commissioner with copies of,any document relating to the protected infrastructure that may be in the possession, custody or control of that owner or occupier, either immediately or at such time and place as may be specified by the Commissioner.
The Commissioner must not exercise the power of entry under subsection (1)(a) unless at least 24 hours’ notice of the intended entry has been given to the owner or occupier of the protected infrastructure.
Commissioner
“Commissioner” means the Commissioner of Infrastructure Protection appointed under section 5, and (subject to any condition or restriction imposed under that section) includes a Deputy Commissioner of Infrastructure Protection or an Assistant Commissioner of Infrastructure Protection appointed under that section;
When exercising any power under subsection (1)(a) or (b) or section 67 (in relation to this section), the Commissioner may be accompanied or assisted by such persons as are necessary for the exercise of that power.
Any person who, without reasonable excuse, fails to comply with any requirement under subsection (1)(c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.