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Consumer Affairs and Fair Trading Act 1990
311Entry to and inspection of licensed premises without warrant
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311 Entry to and inspection of licensed premises without warrant
(1) A police officer may without warrant enter premises to which a
licence applies and inspect goods and records kept at the
premises:
(a) in the case of business premises, at a time when the premises
are open for business; and
(b) in the case of storage premises, at a time when business
premises to which the licence applies are open for business.
(2) A police officer may, at a time when business premises to which a
licence applies are open for business, require a person who is
apparently in charge of the premises to open storage premises to
which the licence also applies.
(3) A police officer may, without warrant, during an inspection of
premises for the purposes of this section:
(a) enter a room, a storage area or another part of the premises;
and
(b) require a person on the premises to open or unlock a room,
area or part of premises; and
Consumer Affairs and Fair Trading Act 1990 125
(c) where a person on the premises refuses to, or is unable to,
open or unlock a room, area or part of premises, use force
reasonably necessary to gain entry to the room, area or part;
and
(d) open and examine the contents of:
(i) a package; or
(ii) an unlocked container, cupboard, drawer, chest, trunk,
box, cage or other receptacle;
found on the premises; and
(e) require a person on the premises to open or unlock a locked
container, cupboard, drawer, chest, trunk, box, cage or other
receptacle on the premises; and
(f) where a person on the premises is unwilling or unable to open
or unlock an item referred to in paragraph (e), use force
reasonably necessary to open or unlock the item.
(4) A person must not refuse or fail to comply with a requirement under
this section.