39ZEOffence powers of inspectors—exercised with consent

39ZE Offence powers of inspectors—exercised with consent

(1) An inspector may enter wine premises if: (a) the inspector has reasonable grounds for suspecting that there is on the premises a particular thing that may afford evidence of the commission of a label offence; and (b) the inspector has produced his or her identity card for inspection by the occupier of the premises; and (c) the occupier of the premises has consented to the entry.

Note: An inspector may also exercise powers under this section for the purposes of Parts VIB and VII (see sections 40ZF and 44).

Consent (2) Before obtaining the consent of the occupier for the purposes of paragraph (1)(c), an inspector must inform that occupier that he or she may refuse consent. (3) A consent has no effect unless the consent is voluntary. Inspector’s powers while on premises (4) The inspector may do the following while on the premises: (a) exercise inspection powers; (b) secure a thing pending the obtaining of a warrant under section 39ZF to seize it if the inspector has reasonable grounds for suspecting that the thing may afford evidence of the commission of a label offence. Withdrawal of consent (5) The inspector may exercise powers under paragraph (4)(b) even if the occupier’s consent is withdrawn after being given. Otherwise, the inspector must leave the premises if the occupier’s consent is withdrawn after being given.