21Powers of authorised officer to enter, search and inquire, &c.

21 Powers of authorised officer to enter, search and inquire, &c.

(1)  For the purposes of this Act or a related Act, an authorised officer may, at all reasonable times –

(a) enter any place where the authorised officer knows or reasonably believes that a person is engaging, or has engaged, in conduct that constitutes, or may constitute, a contravention of this Act or a related Act; and

(b) in any place lawfully entered do any or all of the following:

(i) search for, examine, take possession of, or make copies of, or extracts from, documents or records relating to goods or services supplied or to be supplied;

(ii) search for goods and examine goods;

(iii) open any package that the authorised officer knows, or reasonably suspects, to contain goods;

(iv) question, with respect to matters with which this Act or a related Act is concerned, any person employed in that place; and

(c) make the inquiries that the authorised officer believes to be necessary or desirable in relation to the exercise of his or her powers under this Act or a related Act.

(2)  An authorised officer must not enter any place under subsection (1) unless the authorised officer –

(a) has the permission of the proprietor or manager of that place; or

(b) has first obtained a warrant under subsection (3) .

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 9 months, or both.

(3)  A magistrate may issue a warrant if he or she is satisfied by evidence on oath, upon the complaint of an authorised officer, that there is reasonable cause to permit entry to any place referred to in subsection (1) for the purposes specified in that subsection.

(4)  A warrant issued under subsection (3) is to be a warrant, directed to an authorised officer specified in the warrant, to enter the place, specified in the warrant, for the purpose of exercising in that place the powers conferred on the authorised officer by this Act or a related Act.