Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) For this Act, an authorised officer may—
(a) at any reasonable time, enter premises that the authorised officer believes, on reasonable grounds, are—
(i) premises used in relation to the handling of food intended for sale or the sale of food; or
(ii) premises where there are documents relating to the handling of food intended for sale, the sale of food or equipment; or
(b) at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or
(c) at any time, enter premises with the occupier's consent; or
(d) enter premises in accordance with a warrant under this part; or
(e) at any time, enter premises if the authorised officer believes, on reasonable grounds, that the circumstances are of such seriousness and urgency as to require immediate entry to the premises without the authority of a warrant.
Note 1 The dictionary defines premises as including land and a vehicle.
Note 2 Fees may be determined under s 150 for an inspection of premises under this section.
(2) However, subsection (1) (a) does not authorise entry into any part of premises that is being used solely for residential purposes except if that part of the premises is being used for—
(a) the preparation or service of meals provided with paid accommodation; or
(b) the preparation of food intended for sale or the sale of food.
Example of par (b)
a food catering service conducted from a house
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3) For subsection (1), an authorised officer may stop and detain a vehicle that the officer believes, on reasonable grounds, is—
(a) a food transport vehicle; or
(b) a vehicle where there are documents relating to the handling of food intended for sale, the sale of food or equipment.
(4) For subsection (3), the authorised officer—
(a) may exercise the authorised officer's powers in relation to the vehicle in a place to which the public has access to; and
(b) must not detain the vehicle for longer than is reasonably necessary to exercise the authorised officer's powers under this part.
(5) An authorised officer may, without the occupier's consent, enter the land around premises to ask for consent to enter the premises.
(6) To remove any doubt, an authorised officer may enter premises under subsection (1) without payment of any entry fee or other charge.
(7) For subsection (1) (e), the authorised officer may enter the premises with any necessary assistance and force.
(8) In this section:
"at any reasonable time" means at any time—
(a) for subsection (1) (a) (i)—during normal business hours or any other time when the premises are being used in relation to the handling of food intended for sale or the sale of food; or
(b) for subsection (1) (a) (ii)—during normal business hours; or
(c) for subsection (1) (b)—at any time that the public is entitled to use the premises, or that the premises are open to or used by the public, (whether or not on payment of money).