Radiocommunication Act

Marginal note:Powers of inspectors

• 8 (1) An inspector who is appointed under paragraph 5(1)(j) may, subject to subsection (2),

  • (a) enter, at any reasonable time, any place in which they believe on reasonable grounds there is any document, information or thing relevant to the purpose of verifying compliance or preventing non-compliance with this Act, and examine the document, information or thing or remove it for examination or reproduction;

  • (b) make use of, or cause to be made use of, any computer system at the place to examine any data contained in or available to the system;

  • (c) reproduce any document, or cause it to be reproduced, from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and

  • (d) use any copying equipment or means of communication in the place.

• Marginal note:Certificate

  (1.1) An inspector shall be provided with a certificate of appointment which is to be presented at the request of any person appearing to be in charge of any place entered by the inspector.

• Marginal note:Dwelling-houses

  (2) Where a place referred to in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant, except

  • (a) under the authority of a warrant issued under subsection (3), or

  • (b) where, by reason of exigent circumstances, it would not be practical for the inspector to obtain a warrant

  and, for the purposes of paragraph (b), exigent circumstances include circumstances in which the delay necessary to obtain a warrant would result in danger to human life or safety or the loss or destruction of evidence.

• Marginal note:Authority to issue warrant

  (3) On an ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in the warrant to enter a dwelling-house, subject to any conditions spec­ified in the warrant, if the justice is satisfied by information on oath that

  • (a) the dwelling-house is a place described in paragraph (1)(a);

  • (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Act; and

  • (c) entry has been refused by, or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

• Marginal note:Use of force

  (4) In executing a warrant issued under subsection (3), an inspector shall not use force unless the inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

• Marginal note:Assistance to inspectors

  (5) The owner or person in charge of a place entered by an inspector shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties under this Act, and shall give the inspector any information that the inspector reasonably requests.

• Marginal note:Information requirement

  (5.1) An inspector who believes that a person is in possession of information that the inspector considers necessary for the purpose of verifying compliance or preventing non-compliance with this Act may, by notice, require that person to submit the information to the inspector in the form and manner and within the reasonable time that is stipulated in the notice.

• Marginal note:Obstruction, false information

  (6) Where an inspector is carrying out duties under this Act, no person shall

  • (a) resist or wilfully obstruct the inspector; or

  • (b) knowingly make a false or misleading statement, either orally or in writing, to the inspector.