Division 1Division 1 Inspection and analysis
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.
An authorised officer may seize:(a) any primary produce or seafood, or any equipment, package or labelling or advertising material, or any other thing at all, that the authorised officer has reasonable grounds to believe is evidence that an offence against this Act or the regulations is being or has been committed, or(b) any primary produce or seafood that the authorised officer has reasonable grounds to believe is intended for human consumption but is not safe for human consumption.
(1) An authorised officer may apply to an authorised justice for a search warrant if the authorised officer has reasonable grounds for believing that a provision of this Act or the regulations has been or is being contravened on premises.(2) An authorised justice to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising the authorised officer named in the warrant, when accompanied by a police officer:(a) to enter the premises concerned, and(b) to search the premises for evidence of a contravention of this Act or the regulations.(3) Part 3 of the Search Warrants Act 1985 applies to a search warrant issued under this section.(4) In this section, authorised justice and premises have the same meanings as in the Search Warrants Act 1985.
26 Directions of Safe Food relating to primary produce or seafood
(1) Safe Food may, by notice in writing served on a person, give any one or more of the following directions in relation to primary produce or seafood that Safe Food is of the opinion is intended for human consumption:(a) if Safe Food considers that the primary produce or seafood is not safe for human consumption—a direction that the primary produce or seafood must not be supplied for human consumption and must be dealt with or disposed of in a manner specified in the notice,(b) if Safe Food considers that the primary produce or seafood will not be safe for human consumption unless it is dealt with in a particular manner—a direction that the primary produce or seafood must not be supplied for human consumption unless it is dealt with in the manner specified in the notice,(c) if Safe Food considers that the primary produce or seafood is described in a false or misleading way that could endanger human health—a direction that the primary produce or seafood must not be supplied for human consumption, or must be described in some other way before being supplied for human consumption, and must be dealt with or disposed of in a manner specified in the notice.(2) A person on whom a notice is served under this section is guilty of an offence if the person fails, without reasonable excuse, to comply with a direction contained in the notice within the time specified in the notice for compliance.Maximum penalty: In the case of a first offence, 50 penalty units or imprisonment for 6 months, or both. In the case of a second or subsequent offence, 500 penalty units or imprisonment for 2 years, or both.
(3) A person who is aggrieved by a direction given under this section may appeal to a Local Court against the direction in accordance with the rules of court.(4) If an appeal is lodged under subsection (3) against a direction under this section, then until the appeal is determined and an order is made by the Court confirming the direction, the direction does not have effect except to the extent that it prohibits the supply of primary produce or seafood for human consumption.(5) If a person on whom a notice is served under this section containing a direction to deal with or dispose of any primary produce or seafood in a specified manner fails to deal with or dispose of the primary produce or seafood in that manner within the time specified in the notice, Safe Food may seize the primary produce or seafood.(6) A person who is the owner of any primary produce or seafood that is the subject of a notice under this section is liable for any cost incurred in dealing with or disposing of the primary produce or seafood in compliance with the notice and any such cost incurred by Safe Food is taken to be a debt due to Safe Food from that person.(7) In any proceedings for the recovery of any debt referred to in subsection (6), a certificate signed by Safe Food stating the amount of the costs and the manner in which they were incurred is evidence of the matters certified.
27 Interfering with seized items
A person who, without the permission of Safe Food, removes or tampers with any primary produce or seafood that has been seized under this Act is guilty of an offence unless the seizure has been disallowed under Division 2.Maximum penalty: In the case of a first offence, 50 penalty units or imprisonment for 6 months, or both. In the case of a second or subsequent offence, 500 penalty units or imprisonment for 2 years, or both.
A person who, without reasonable excuse, in connection with a requirement or direction under this Act, provides any information or produces any document that the person knows is false or misleading in a material particular is guilty of an offence.Maximum penalty: 50 penalty units.
29 Obstructing or impersonating authorised officers
(1) A person who, without reasonable excuse, resists or obstructs an authorised officer in the exercise of the authorised officer’s functions under this Act is guilty of an offence.Maximum penalty: 50 penalty units.
(2) A person who impersonates an authorised officer is guilty of an offence.Maximum penalty: 50 penalty units.
(1) Safe Food is to provide each authorised officer with a certificate of authority as an authorised officer.(2) The certificate of authority:(a) must state that it is issued under this Act, and(b) must state the name of the person to whom it is issued and bear a photograph of that person, and(c) must describe the nature of the powers conferred and the scope of those powers, and(d) must state the date (if any) on which it expires, and(e) must describe the kind of premises to which the powers extend, and(f) must bear the signature of the person by whom it is issued and state the capacity in which the person is acting in issuing the certificate.(3) The powers of an authorised officer may be limited by the authorised officer’s certificate of authority.(4) An authorised officer is required to produce the certificate of authority:(a) if requested to do so by the occupier of any premises that the authorised officer enters, or(b) if requested to do so by a person whom the authorised officer requires to produce anything or to answer any question.
(1) Safe Food may arrange for the analysis of any sample taken for the purposes of this Act.(2) The analysis of any such sample is to be carried out in accordance with the regulations.