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RECYCLING AND WASTE REDUCTION ACT 2020 - SECT 100

Additional investigation powers etc.

Additional investigation powers

  (1)   For the purposes of Part   3 of the Regulatory Powers Act, the additional powers mentioned in subsection   (2) are also taken to be investigation powers in relation to evidential material that relates to a provision referred to in subsection   99(1).

  (2)   The additional investigation powers are:

  (a)   the powers to take, test and analyse samples of any thing on premises entered under Part   3 of the Regulatory Powers Act; and

  (b)   if the authorised person has the power to seize a thing (the seizable thing ) under that Part--the power to seize a container that contains the seizable thing, and any other thing contained in the container, if the authorised person reasonably believes that it is not reasonably practicable to seize the seizable thing without also seizing the container.

Identity cards

  (3)   Part   3 of the Regulatory Powers Act applies in relation to a provision referred to in subsection   99(1) of this Act as if a reference in that Part to an identity card were a reference to an identity card issued under section   123 of this Act.

  (4)   The following provisions of the Regulatory Powers Act do not apply in relation to a provision referred to in subsection   99(1) of this Act:

  (a)   the definition of identity card in section   4;

  (b)   section   43;

  (c)   Division   9 of Part   3.

Use of necessary and reasonable force

  (5)   In executing an investigation warrant:

  (a)   an authorised person may use such force against things as is necessary and reasonable in the circumstances; and

  (b)   a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.



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