Commonwealth Numbered Acts

CANNED FRUITS LEVY COLLECTION ACT 1979 No. 162 of 1979 - SECT 8

8. (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 are, on any premises, canned fruits on which levy is payable; or

   (b)  there are, on any premises, books, documents or papers relating to
        canned fruits on which levy is 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 are on the premises to which the application relates
               canned fruits on which levy is payable; or

        (ii)   there are on the premises to which the application relates
               books, documents or papers relating to canned fruits on which
               levy is 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) A warrant under sub-section (3) shall specify a date after which the
warrant ceases to have effect.

(5) 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.

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

Penalty: $500.

(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 are canned fruits on which levy is payable, to enter those
        premises and search for, examine, weigh and count any canned fruits 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.
(8) In this section, ''occupier'', in relation to premises, includes the
person in charge of the premises.