Document ID: chunk:federal_register_of_legislation:C2024A00104:section:427:p2
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 427 (pt 2/2)
Character Range: 638903–641136

to address identified risk
 (7) While remaining in the residential care home, the authorised Commission officer may give any directions necessary to the occupier of the residential care home, or a person apparently representing the occupier, to address the identified risk.
 (8) A direction given under subsection (7) may be given orally or in writing.

Securing things
 (9) While remaining in the residential care home, the authorised Commission officer may secure a thing that the authorised Commission officer suspects, on reasonable grounds, to be relevant to:
 (a) an offence provision of this Act; or
 (b) a civil penalty provision of this Act; or
 (c) an offence provision of the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act;
pending the obtaining of an investigation warrant under section 70 of the Regulatory Powers Act in relation to the residential care home. The thing may be secured by locking it up, placing a guard or any other means.
 (10) The thing must not be secured under subsection (9) for longer than is reasonably necessary to obtain the investigation warrant.
 (11) The authorised Commission officer must give notice to the occupier of the residential care home, or a person apparently representing the occupier, of:
 (a) the authorised Commission officer's intention to secure the thing; and
 (b) the fact that the thing may be secured for as long as it is reasonably necessary to obtain an investigation warrant under section 70 of the Regulatory Powers Act in relation to the residential care home.

Restriction on powers—failure to show identity card or proof of authority on request
 (12) The authorised Commission officer is not entitled to enter or remain in the residential care home if:
 (a) the occupier of the residential care home asks the authorised Commission officer to:
 (i) show the officer's identity card; or
 (ii) produce proof of the officer's authority to enter and remain in the residential care home; and
 (b) the authorised Commission officer fails:
 (i) in the case of subparagraph (a)(i)—to present the officer's identity card; or
 (ii) in the case of subparagraph (ii)—to produce the certificate issued by the Commissioner under paragraph (2)(a).