Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) An authorised officer who enters premises (including a vehicle) under this part may, for this Act, do any 1 or more of the following in relation to the premises or anything on the premises:
(a) examine any food sold or intended for sale or any equipment;
(b) examine and copy, or take extracts from, any documents relating to food intended for sale, the sale of food or equipment;
(c) examine and copy, or take extracts from, any packaging, labelling or advertising material;
(d) examine any system of work in or on the premises;
(e) examine anything else in or on the premises;
(f) open (or require to be opened) any container or package that the authorised officer believes, on reasonable grounds—
(i) contains any food sold or intended for sale or any equipment; or
(ii) is used in relation to the transport of food;
(g) open or operate (or require to be opened or operated) any equipment;
(h) subject to part 6 (Taking and analysis of food samples), take for analysis samples of any food sold or intended for sale;
(i) take for analysis samples of water, soil or anything else that is part of the environment in which food is handled to find out whether that environment poses a risk to the safety of the food for human consumption;
(j) take for analysis samples of or from anything else in or on the premises;
(k) conduct any other examination to find out whether this Act (including the food standards code) is being complied with;
(l) take measurements, conduct tests and make sketches, drawings or any other kind of record (including photographs, films, or audio, video or other recordings);
(m) under section 52 (Power to seize things), seize a thing in or on the premises;
(n) require the occupier, or a person on the premises, to provide information, answer questions, or produce documents or anything else, reasonably needed for the authorised officer's functions under this Act;
(o) require the occupier, or a person on the premises, to give the authorised officer reasonable assistance to exercise a power under this part.
Note 1 The dictionary defines examine as including inspect, weigh, count, test or measure.
Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation, the food standards code and any approved code of practice (see Legislation Act, s 104).
(2) A person must not, without reasonable excuse, contravene a requirement under subsection (1) (n) or (o).
Maximum penalty: 50 penalty units.
Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.
(3) An authorised officer may exercise all or any of the powers mentioned in subsection (1) (a) to (o) in relation to food in a public place that the officer suspects, on reasonable grounds, is food sold or intended for sale (whether or not the food was sold or intended for sale in the public place).
(4) This Act applies in relation to the exercise of a power under subsection (3) as if—
(a) the public place were premises entered by the authorised officer under this part; and
(b) the proprietor of the food business concerned were the occupier of the premises; and
(c) all other necessary changes were made.
(5) Without limiting subsection (4), if a person is required to do something by an authorised officer under subsection (3), the person is not obliged to comply with the requirement if the authorised officer does not produce his or her identity card for inspection when asked by the person.