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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 54W Powers of entry, search etc

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 54W

Powers of entry, search etc

    (1)     For this part an inspector may, without a warrant—

        (a)     enter premises at any reasonable time when the premises are open for business; or

        (b)     subject to section 54X, enter any premises at any time with the consent of the occupier of the premises.

    (2)     An inspector who enters premises under subsection (1), is not authorised to remain on the premises if, on request by or on behalf of the licensee or occupier of the premises, the inspector does not produce the inspector's identity card.

    (3)     An inspector who enters premises under subsection (1) may—

        (a)     inspect, make copies of, or take extracts from, any film, or any document or record that the inspector has reasonable grounds for believing to be connected with the sale of X 18+ films or a defined offence in relation to an R 18+ computer game; and

        (b)     seize any thing that the inspector has reasonable grounds for believing to be connected with an offence against this Act; and

        (c)     require any person on the premises to make available any films, or any document or record kept on the premises, to give information that the inspector has reasonable grounds for believing is connected with the sale of X 18+ films or a defined offence in relation to an R 18+ computer game, and to answer questions; and

        (d)     require the licensee or occupier to give the inspector the assistance as is reasonable to enable the inspector to exercise the inspector's powers under this section.

    (4)     A person must not fail to comply with a requirement made of the person under subsection (3) (c) or (d).

Maximum penalty: 50 penalty units.

    (5)     An offence against this section is a strict liability offence.

    (6)     In this section:

"defined offence", in relation to an R 18+ computer game—see section 54Y.