What to expect during a site visit

Under the Product Emissions Standards, inspectors may exercise powers for the following purposes:

• to determine whether a person is complying with the Product Emissions Standards Act 2017 and the Product Emissions Standards Rules 2017
• to investigate a possible offence against the Product Emissions Standards Act 2017 and the Product Emissions Standards Rules 2017.

An inspector for the Product Emissions Standards may enter premises and exercise the powers set out below if the occupier of the premises consents to them doing so. Before obtaining consent, the inspector must inform the occupier of their right to refuse or withdraw consent at any time.

Monitoring powers

The following are the monitoring powers that inspectors may exercise in relation to premises under Section 18 of the Regulatory Powers (Standard Provisions) Act 2014:

• the power to search the premises and anything on the premises
• the power to examine or observe any activity conducted on the premises
• the power to inspect, examine, take measurements of or conduct tests on anything on the premises
• the power to make any still or moving image or any recording of the premises or anything on the premises
• the power to inspect any document on the premises
• the power to take extracts from, or make copies of, any such document
• the power to take onto the premises such equipment and materials as the authorised person requires for the purpose of exercising powers in relation to the premises.

Investigation powers

The following are the investigation powers that an authorised person may exercise in relation to the premises under section 48 of the Regulatory Powers (Standard Provisions) Act 2014:

• if entry to the premises is with the occupier’s consent—the power to search the premises and anything on the premises for the evidential material the authorised person suspects on reasonable grounds may be on the premises. The same powers outlined under ‘monitoring’ also apply to investigations.

• if entry to the premises is under an investigation warrant:
  • the power to search the premises and anything on the premises for the kind of evidential material specified in the warrant
  • the power to seize evidential material of that kind if the authorised person finds it on the premises
  • the power to inspect, examine, take measurements of or conduct tests on evidential material
  • the power to make any still or moving image or any recording of the premises or anything on the premises
  • the power to take onto the premises such equipment and materials as the authorised person requires for the purpose of exercising powers in relation to the premises

Further information

• Complying with the Product Emissions Standards