Commonwealth Numbered Acts

APPLE AND PEAR EXPORT CHARGE COLLECTION ACT 1976 No. 198 of 1976 - SECT 9

9. (1) An authorized person may, with the consent of the occupier of any
premises, enter the premises for the purpose of exercising the functions of an
authorized person under this section.

(2) Where an authorized person has reason to believe that-

   (a)  there is, on any premises, fruit in respect of which charge may become
        payable; or

   (b)  there are, on any premises, books, documents or papers relating to
        fruit in respect of which charge has, or may become, payable, the
        authorized person may make application to a Justice of the Peace for a
        warrant authorizing the authorized person to enter the premises for
        the purposes of exercising the functions of an authorized person under
        this section.

(3) If, on an application under sub-section (2), the Justice of the Peace is
satisfied by information on oath or affirmation-

   (a)  that there is reasonable ground for believing that-

        (i)    there is on the premises to which the application relates fruit
               in respect of which charge may become payable; or

        (ii)   there are on the premises to which the application relates any
               books, documents or papers relating to fruit in respect of
               which charge has, or may become, payable; and

   (b)  that the issue of the warrant is reasonably required for the purposes
        of this Act, the Justice of the Peace may grant a warrant authorizing
        the authorized person, with such assistance as he thinks necessary, to
        enter the premises, during such hours of the day or night as the
        warrant specifies or, if the warrant so specifies, at any time, if
        necessary by force, for the purpose of exercising the functions of an
        authorized person under this section.

(4) Where an authorized person has entered any premises in pursuance of
sub-section (1) or in pursuance of a warrant granted under sub-section (3), he
may exercise the functions of an authorized person under this section.

(5) A person shall not, without reasonable excuse, obstruct or hinder an
authorized person acting in pursuance of the warrant granted under sub-section
(3) or in pursuance of sub-section (4).

Penalty: $200.

(6) A reference in this section to an authorized person shall be read as a
reference to-

   (a)  a person appointed by the Minister, in writing, to be an authorized
        person for the purposes of this section; or

   (b)  a person included in a class of persons appointed by the Minster, in
        writing, to be authorized persons for the purposes of this section.

(7) The functions of an authorized person under this section are-

   (a)  in relation to premises on which the person has reason to believe
        there is fruit in respect of which charge may become payable, to enter
        those premises and search for, examine, weigh and count any apples or
        pears on those premises; and

   (b)  in relation to premises on which the person has reason to believe
        there are books, documents or papers of the kind referred to in
        paragraph (2) (b)-to search for, inspect, take extracts from and make
        copies of any such books, documents or papers.