Food Production (Safety) Act 1998 No 128
Repealed version for 23 February 2004 to 4 April 2004 (accessed 24 November 2014 at 23:05)

23   Powers of authorised officers

(1)  For the purposes of this Act, an authorised officer may, at any reasonable time, do any one or more of the following:
(a)  alone, or with such police officers or other persons as the authorised officer considers necessary, enter and inspect any place or vehicle that the authorised officer reasonably believes is used in connection with the handling of any primary produce or seafood,
(b)  alone, or with such police officers or other persons as the authorised officer considers necessary, enter and inspect any place or vehicle in which the authorised officer reasonably believes any records or documents are kept, being records or documents that relate to the handling of any primary produce or seafood,
(c)  examine any primary produce or seafood,
(d)  open and examine any package that the authorised officer reasonably believes contains any primary produce or seafood,
(e)  open and examine any equipment for use in connection with the handling of primary produce or seafood,
(f)  for the purpose of the analysis of any primary produce or seafood or the carrying out of any other examination in order to determine whether the provisions of this Act or the regulations are being complied with, demand, select and obtain samples, without payment, of any primary produce or seafood,
(g)  for the purpose of analysis, take samples of water or soil or any other thing that is part of the environment in which any primary produce or seafood is handled to determine whether that environment poses a risk to the safety of the primary produce or seafood for human consumption,
(h)  examine any records or documents referred to in paragraph (b), make copies of those records or documents or any part of them and, for that purpose, take away and retain (for such time as may be reasonably necessary) any such records or documents or any part of them,
(i)  stop and detain any vehicle or vessel that the authorised officer is authorised by this subsection to enter,
(j)  open, or require to be opened, any container used for the conveyance of goods, or any package, that the authorised officer reasonably believes to contain any primary produce or seafood, or any equipment used or intended for use in connection with the handling of primary produce or seafood,
(k)  take such photographs, films or audio or visual recordings as the authorised officer considers necessary,
(l)  require a person to provide information or answer questions in connection with the authorised officer’s functions under this Act or to produce any record, document or article that an authorised officer is authorised to examine under this Act,
(m)  require a person to state the person’s name and address,
(n)  generally make such investigations and inquiries as may be necessary to ascertain whether an offence against this Act or the regulations is being or has been committed.
(2)  A person who, without reasonable excuse, fails to comply with a requirement of an authorised officer made under this section is guilty of an offence.

Maximum penalty: 50 penalty units.

(3)  Such a requirement is not duly made unless, at the time of the making of the requirement, the person of whom the requirement is made is informed by the inspector that a refusal or failure to comply with the requirement constitutes an offence.
(4)  This section does not authorise entry into any part of premises that is being used for residential purposes except with the consent of the occupier of the premises or under the authority of a search warrant.
Top of page