South Australian Consolidated Acts South Australian Consolidated Acts37—Powers of authorised officers
(1) For the purposes
of this Act, an authorised officer may, at any reasonable time, do any one or
more of the following:
(a)
alone, or with such police officers or other persons as the authorised officer
considers necessary, enter and inspect any premises that the authorised
officer reasonably believes are used in connection with the handling of any
food intended for sale or the sale of food or any food transport vehicle;
(b)
alone, or with such police officers or other persons as the authorised officer
considers necessary, enter and inspect any premises or food transport vehicle,
in which the authorised officer reasonably believes that there are any records
or documents that relate to the handling of any food intended for sale or the
sale of food;
(c)
examine any food intended for sale;
(d) open
and examine any package that the authorised officer reasonably believes
contains any food intended for sale or any equipment;
(e) open
and examine any equipment;
(f)
subject to Division 1 of Part 6, for the purpose of analysing any food sold or
intended for sale or for carrying out any other examination in order to
determine whether the provisions of this Act or the regulations are being
complied with, demand, select and obtain samples of any food;
(g) for
the purpose of analysis, take samples of water or soil or any other thing that
is part of the environment in which any food is handled to determine whether
that environment poses a risk to the safety of the food for human consumption;
(h) take
samples of any thing, other than for the purpose of analysis, that the
authorised officer reasonably believes may be used as evidence that an offence
has been, or is being, committed under this Act or the regulations;
(i)
seize and retain, or issue a seizure order in respect of,
anything that the authorised officer reasonably believes has been used in, or
may be used as evidence of, a contravention of this Act or the regulations;
(j)
examine any records or documents referred to in paragraph (b), make
copies of those records or documents or any part of them and, for that
purpose, take away and retain (for such time as may be reasonably necessary)
any such records or documents or any part of them;
(k) stop
and detain any vehicle that the authorised officer is authorised by this
subsection to enter;
(l)
open, or require to be opened, any container used for the conveyance of goods,
or any package, that the authorised officer reasonably believes to contain any
food sold or intended for sale, or any equipment;
(m) take
such photographs, films or audio or visual recordings as the
authorised officer considers necessary;
(n) take
any measurements and make sketches or drawings or any other type of record;
(o)
require a person to provide information or answer questions in connection with
the authorised officer's functions under this Act or to produce any record,
document or thing that an authorised officer is authorised to examine under
this Act;
(p)
require a person to state the person's name and residential address;
(q)
generally make such investigations and inquiries as may be necessary to
ascertain whether an offence under this Act or the regulations is being or has
been committed;
(r)
exercise any other power prescribed by or under the regulations.
(2) This section does
not authorise entry into any part of premises that is being used solely for
residential purposes, except—
(a) with
the consent of the occupier of the premises; or
(b)
under the authority of a search warrant; or
(c) if
that part of the premises is being used for the preparation of meals provided
with paid accommodation.
(3) A person is not
excused from a requirement under this section to provide information or answer
questions, or to produce any record, document or thing, on the ground that the
information, answer, record, document or thing might incriminate the person or
make the person liable to a penalty.
(4) However, any
information or answer furnished, or record, document or thing produced, by a
natural person in compliance with such a requirement is not admissible in
evidence against the person in criminal proceedings other than proceedings for
an offence against section 39, 40 or 41.