138Access to premises and motor vehicles

#### 138 Access to premises and motor vehicles 138 Access to premises and motor vehicles > > (1) Subject to subsection (2), a member of the police force or an authorised person may, at all reasonable times, for the purpose of exercising any of the functions of an authorised person under this section, enter any premises where the member or person has reasonable grounds to believe that any of the commodity is stored, or any accounts, documents, books or papers relating to any of the commodity are kept. > > > (2) Subsection (1) does not authorise any person to enter that portion of any premises that is used for residential purposes, without the consent of the occupier of that portion. > > > (3) A member of the police force may, for the purpose of exercising any of the functions of an authorised person under this section, stop and detain any motor vehicle upon a public street or public place in which the member has reasonable grounds to believe that there is any of the commodity, or any accounts, documents, books or papers relating to any of the commodity. > > > (4) A member of the police force or an authorised person may apply to an authorised officer for a search warrant if the member of the police force or authorised person has reasonable grounds for believing— > > > > > (a) that there is on any premises any of the commodity that is the property of the board or committee or any of the commodity the delivery of which has been lawfully demanded by the board or committee under this Act, or > > > > > (b) that there are on any premises accounts, documents, books or papers relating to any of the commodity. > > > (5) An authorised officer to whom an application is made under subsection (4) may— > > > > > (a) if satisfied that there are reasonable grounds for doing so, and > > > > > (b) without affecting the generality of paragraph (a), if satisfied that the issue of the warrant is reasonably required for purposes of, or related to the operation of, this Act, > > > > issue a search warrant authorising the applicant to enter the premises for the purpose of exercising any of the functions of an authorised person under this section. > > > (5A) Division 4 of Part 5 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) applies to a search warrant issued under this section. > > > (6) The functions of an authorised person under this section are— > > > > > (a) to search for and inspect any of the commodity, > > > > > (b) to demand that the occupier of any premises or, as the case may require, the person in charge of a motor vehicle, produce any accounts, documents, books or papers relating to the commodity, > > > > > (c) to search for, inspect, take extracts from and make copies of any accounts, documents, books or papers referred to in paragraph (b), > > > > > (d) to take possession of and remove any of the commodity that the authorised person reasonably suspects is the property of the board or committee or is any of the commodity the delivery of which has been lawfully demanded by the board or committee under this Act, and > > > > > (e) to make any inquiry that the authorised person considers necessary relating to any of the commodity. > > > (7) A person shall not— > > > > > (a) fail or refuse to produce any accounts, documents, books or papers referred to in subsection (6) (b), or > > > > > (b) make any false or misleading statement in answer to any inquiry referred to in subsection (6) (e). > > > (8) On taking possession, as referred to in subsection (6) (d), of any of the commodity that, immediately before that taking, was not the property of the board or committee, the portion of the commodity so taken becomes the absolute property of the board or committee, freed from all mortgages, charges, liens, pledges, interests and trusts affecting it, and the rights and interests of every person in the commodity are converted into a claim for payment (in accordance with the regulations) for the commodity so taken. > > > (9) In this section— > > > > authorised officer has the same meaning as it has in the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). > > > > commodity includes any product that, if produced in the area of the board or committee, would answer the description of the commodity. > > > > occupier, in relation to any premises, includes a person in charge of those premises. > > **s 138:** Am 1985 No 38, Sch 1; 1991 No 92, Sch 2; 2002 No 103, Sch 4.52 \[1\]–\[3\].