18MGGeneral powers of trade measurement inspectors

#### 18MG General powers of trade measurement inspectors (1) The powers that a trade measurement inspector may exercise in relation to premises under section 18ME and 18MF are as follows: (a) to search the premises and any thing on the premises; (b) to take photographs or make video or audio recordings or sketches of the premises or any thing on the premises; (c) to sample and test measuring instruments, but only for the purposes of: (i) finding out whether Part IV, V, VI or VII has been complied with; or (ii) finding out whether a condition of a servicing licence under Part X or a public weighbridge licence under Part XI has been complied with; or (iii) finding out whether a condition of an appointment of a utility meter verifier under Part XIII has been complied with; or (iv) looking for evidential material; (d) to inspect, examine, sample, measure, or conduct tests on any articles or packages on the premises, but only for the purposes of: (i) finding out whether Part IV, V, VI or VII has been complied with; or (ii) finding out whether a condition of a servicing licence under Part X or a public weighbridge licence under Part XI has been complied with; or (iii) finding out whether a condition of an appointment of a utility meter verifier under Part XIII has been complied with; or (iv) looking for evidential material; (e) to inspect any book, record or document on the premises; (f) to take extracts from or make copies of any such book, record or document; (g) to use fuel or another energy source on the premises for the purpose of exercising powers in relation to the premises; (h) to take onto the premises such equipment and materials as the trade measurement inspector requires for the purpose of exercising powers in relation to the premises. (2) The powers that a trade measurement inspector may exercise in relation to a business vehicle under section 18ME or 18MF are as follows: (a) to search the vehicle and any thing in or on the vehicle; (b) to take photographs or make video or audio recordings or sketches of the vehicle or any thing in or on the vehicle; (c) to sample and test measuring instruments, but only for the purposes of: (i) finding out whether Part IV, V, VI or VII has been complied with; or (ii) finding out whether a condition of a servicing licence under Part X or a public weighbridge licence under Part XI has been complied with; or (iii) finding out whether a condition of an appointment of a utility meter verifier under Part XIII has been complied with; or (iv) looking for evidential material; (d) to inspect, examine, sample, measure, or conduct tests on any articles or packages in or on the vehicle, but only for the purposes of: (i) finding out whether Part IV, V, VI or VII has been complied with; or (ii) finding out whether a condition of a servicing licence under Part X or a public weighbridge licence under Part XI has been complied with; or (iii) finding out whether a condition of an appointment of a utility meter verifier under Part XIII has been complied with; or (iv) looking for evidential material; (e) to inspect any book, record or document in or on the vehicle; (f) to take extracts from or make copies of any such book, record or document; (g) to use fuel or another energy source in or on the vehicle for the purpose of exercising powers in relation to the vehicle; (h) to take to, and into, the vehicle such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the vehicle. (2A) When exercising powers under subsection (2) in relation to a business vehicle, a trade measurement inspector must ensure that the vehicle is not detained for longer than is necessary and reasonable for the purpose of exercising those powers in relation to the vehicle and any thing in or on the vehicle. Sampling and testing articles and packages (3) Without limiting subsections (1) and (2), the powers under paragraphs (1)(d) and (2)(d) include the power to: (a) sample articles or packages in accordance with AQS sampling procedures or national sampling procedures; and (b) test articles or packages in accordance with AQS test procedures, national group test procedures or national single article test procedures. (4) The powers under paragraphs (1)(d) and (2)(d) may be exercised in relation to an article even though that might result in: (a) damage to, or the destruction of, the article or the package containing the article; or (b) the reduction in the value of the article or the package containing the article. (5) The powers under paragraphs (1)(d) and (2)(d) may be exercised in relation to a package even though that might result in: (a) damage to, or the destruction of, the package; or (b) the reduction in the value of the package. (6) However, a trade measurement inspector must not be more destructive in exercising a power under paragraph (1)(d) or (2)(d) than is reasonable for the purpose of: (a) finding out whether Part IV, V, VI or VII has been complied with; or (b) finding out whether a condition of a servicing licence under Part X or a public weighbridge licence under Part XI has been complied with; or (c) finding out whether a condition of an appointment of a utility meter verifier under Part XIII has been complied with; or (d) collecting evidential material.