Commonwealth Consolidated Acts

IMPORTED FOOD CONTROL ACT 1992 - SECT 32

             (1)  An authorised officer may request the occupier of any premises entered:

                     (a)  by the officer under section 23 or 25; or

                     (b)  under a warrant under section 24 or 26;

to provide reasonable assistance to the officer, at any time while the officer is entitled to remain on the premises, for the purpose of the exercise of the officer's powers under those sections in relation to the premises.

             (2)  A person mentioned in subsection (1) must not fail to comply with an authorised officer's request.

Penalty:  $3,000.

          (2A)  Subsection (2) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (2A). See subsection 13.3(3) of the Criminal Code .

             (3)  It is a reasonable excuse for a person whose premises are being searched under a warrant issued under section 26 to refuse to assist an authorised officer on the ground that to do so would tend to incriminate the person.

             (4)  An offence under subsection (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code .