38Powers of entry and inspection

38 Powers of entry and inspection

(1)  An authorised officer may exercise any of the following powers for the purposes of an authorised investigation:

(a) inspect premises;

(b) require a person to produce a document, relevant to the investigation, for inspection and, if necessary, to operate a computer, or device, in which information is stored, to produce the information in understandable form;

(c) retain a document for inspection, or make a copy of it or take extracts from it;

(d) require a person to answer questions relevant to the investigation;

(e) require a person to give the authorised officer any other assistance that may be reasonable in the circumstances to carry out the authorised investigation.

(2)  An authorised officer may enter premises for the purposes of carrying out an authorised investigation –

(a) with the consent of the occupier of the premises; or

(b) under the authority of a warrant issued under subsection (3) .

(3)  A magistrate may issue a warrant authorising an authorised officer to enter premises, including the use of force that may be reasonably necessary in the circumstances, if satisfied that the warrant is reasonably necessary for the administration or enforcement of this Act.

(4)  An authorised officer may be accompanied by any assistants the authorised officer reasonably requires to carry out an authorised investigation.

(5)  A person must not –

(a) hinder or obstruct an authorised officer who is carrying out an authorised investigation or a person assisting the authorised officer; or

(b) use abusive, threatening or insulting language to an authorised officer who is carrying out an authorised investigation or a person assisting the authorised officer; or

(c) refuse or fail, without reasonable excuse, to comply with a requirement made by an authorised officer under this section; or

(d) answer a question, put by an authorised officer, under this section knowing that the answer is false or misleading.