Overview

This bill aims to regulate powers of entry to premises and the handling of documents by government officials and other authorized personnel. It establishes limitations on when and how these powers can be used, ensuring fairness and protecting individual rights.

Description

Powers Covered

The bill covers powers of entry to land or premises for various purposes, including investigating offences, checking compliance with laws, inspections, and carrying out surveys or works. It also regulates the examination, production, and seizure of documents and electronic records, as well as compelling document production.

Limitations on Powers

The bill imposes restrictions on the exercise of these powers. Entry requires following a Code of Practice (detailed in Schedule 2) or being necessary to prevent immediate danger. Entries are limited to specific times (generally 8 am to 6 pm on weekdays) and a maximum of four people, unless a court order states otherwise. The bill also requires court orders for compelling document production, with a minimum 5-day notice period. Seizure of documents also requires a court order after notification and the opportunity to provide copies.

Future Legislation

The bill mandates that future primary legislation granting powers of entry must clearly define the circumstances for use, identify the authorizing body, and require written authorization with details provided to the property owner.

Exemptions

The bill explicitly excludes police officers, security, and intelligence services from its scope.

Government Spending

The bill is not expected to significantly impact government spending. The costs associated with implementing the new regulations and Code of Practice would likely be absorbed within existing budgets. No specific figures were provided in the bill text.

Groups Affected

The bill impacts several groups. Businesses may face inspections under various laws listed in Schedule 1. Individuals may experience entry to their homes or businesses. Government agencies will need to adapt their procedures to comply with the new regulations. The code of practice aims to protect the rights of individuals whose property is subject to entry by providing a framework for fair and reasonable procedures. The bill also seeks to streamline and standardise the practices of authorized persons in the exercise of their powers of entry and access to documents, bringing greater consistency and fairness.

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