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APPLE AND PEAR LEVY COLLECTION ACT 1976 No. 196 of 1976 - SECT 10 Access to premises, books, &c.

APPLE AND PEAR LEVY COLLECTION ACT 1976 No. 196 of 1976 - SECT 10

Access to premises, books, &c.
10. (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 on which levy is, or may become,
        payable; or

   (b)  there are, on any premises, books, documents or papers relating to
        fruit on which levy is, 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
               on which levy is, or may become, payable; or

        (ii)   there are on the premises to which the application relates
               books, documents or papers relating to fruit on which levy is,
               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 Minister, 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 on which levy is, or 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.