Commonwealth Consolidated Acts

COMMERCE (TRADE DESCRIPTIONS) ACT 1905 - SECT 5

             (1)  An officer may inspect and examine all prescribed goods which are imported, or which are entered for export or brought for export to any wharf or place or are in course of manufacture or preparation for export.

             (2)  The officer may where practicable take samples of any goods inspected by him or her pursuant to this section, and the samples so taken shall be dealt with as prescribed.

             (3)  For the purposes of this section an officer may enter any ship, wharf or place, and may open any packages, and may do all things necessary to enable him or her to carry out his or her powers and duties under this section.

             (4)  Without limiting the generality of the power conferred on the CEO under subsection 4(4) of the Customs Administration Act 1985 , the CEO may give directions in writing under that subsection concerning:

                     (a)  the circumstances in which the powers under this section may be exercised; and

                     (b)  the officers of Customs who are entitled to exercise those powers; and

                     (c)  the manner and frequency of reporting to the CEO concerning the exercise of those powers.

             (5)  A direction given for the purposes of subsection (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .