20Powers of entry of authorised officers

20 Powers of entry of authorised officers (1) For ascertaining whether a provision of this Act, of regulations or of a code of practice is being or has been complied with, a person who is an authorised officer for the Part which contains that provision, or of the Part for which the regulations were made or under which the code was prescribed, may at any reasonable time (but subject to subsection (2)) enter as may be appropriate in relation to that provision any place which the officer knows or believes on reasonable grounds to be: (a) a place where: (i) goods are produced, manufactured, assembled, prepared, stored or supplied; or (ii) services are supplied or arranged; or

Consumer Affairs and Fair Trading Act 1990 17 (iii) documents are kept relating to goods or services supplied or to be supplied; or (b) a place where a person carries on business as a dealer in motor vehicles within the meaning of Part 10, or where documents relating to any such business are kept; or (ba) a place where a person carries on a business as a second- hand dealer, or pawnbroker, within the meaning of Part 14, or where documents relating to any such business are kept; or (d) a place where any activity takes place to which a code of practice applies, or where documents relating to any such activity are kept; and exercise the powers conferred by section 21 in relation to that place. (2) An authorised officer is not entitled to enter any place used for residential purposes except: (a) with the consent of the occupier; or (b) under the authority of a search warrant. (3) A justice of the peace who is satisfied on the application of an authorised officer that, for the purpose specified in subsection (1), there is reasonable cause to permit the officer to enter a place referred to in that subsection with a view to exercising the powers conferred by section 21 may issue a warrant directed to the authorised officer to enter the place specified in the warrant for the purpose of exercising those powers. (4) A warrant issued under subsection (3) is, for a period of one month from its issue, sufficient authority: (a) to the authorised officer to whom it is directed, and to all persons acting in aid of the authorised officer, to enter the place specified in the warrant; and (b) to the authorised officer, to exercise in respect of the place specified in the warrant the powers conferred on an authorised officer by section 21. (5) If it is impracticable for an authorised officer to apply in person for a warrant under subsection (3), the officer may make the application by telephone, and the justice of the peace may issue such a warrant on that application.

Consumer Affairs and Fair Trading Act 1990 18 (6) If a justice issues a warrant by virtue of subsection (5): (a) the justice of the peace must complete and sign the warrant, must inform the authorised officer by telephone of its terms, and must record on the warrant the justice of the peace's reasons for issuing it; and (b) the authorised officer must complete in duplicate a form of warrant in the terms furnished by the justice of the peace, must write on it the name of the justice of the peace and the date and time of its issue, and must forward a copy to the justice of the peace. (7) On receiving the copy referred to in subsection (6)(b), the justice of the peace must compare it with the warrant signed by the justice of the peace and, if satisfied that they are in substance identical, must note this fact on the warrant and forward both the warrant and the copy to the Commissioner. (8) A form of warrant prepared by an authorised officer pursuant to subsection (6)(b) has, if it is in accordance with the terms of the warrant signed by the justice of the peace, the like authority as that which the justice of the peace's warrant has by virtue of subsection (4). (9) If an application has been made to a justice of the peace under subsection (5) and the application has been refused, subject to subsection (10), neither of the following may make a further application under subsection (5) to any justice of the peace in respect of that matter: (a) the authorised officer who made the application; (b) any other authorised officer who has any cause to suspect that the application has been made. (10) If an application under subsection (5) has been made to a justice of the peace and the application has been refused, a further application may be made to a justice of the peace if an authorised officer satisfies the justice of the peace that the officer has, since the time of the original application, received further information or evidence which is material to an application under subsection (5).