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 applies to a search warrant issued under this section.