Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) For the purposes of this Act or a related Act, an authorized officer may, at all reasonable times and subject to subsection (2) do any or all of the following:
(a) enter any place where the authorized officer knows or reasonably believes that a person is engaging or has engaged in conduct that constitutes, or may constitute, a contravention of this Act;
(b) in any place lawfully entered –
(i) search for, examine, take possession of or make copies of or extracts from invoices, documents or other records relating to goods or services supplied or to be supplied;
(ii) search for goods and examine goods;
(iii) open any package that the authorized officer knows or reasonably suspects to contain goods;
(iv) question with respect to matters with which this Act is concerned any person employed in that place;
(c) make such inquiries as the authorized officer believes to be necessary or desirable in relation to the exercise of his powers under this Act.
(2) An authorized officer shall not enter any place unless the authorized officer –
(a) has the permission of the proprietor or manager of that place; or
(b) has first obtained a warrant under subsection (3).
Penalty:
Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 9 months, or both.
(3) A magistrate who is satisfied by evidence on oath upon the complaint of an authorized officer that there is reasonable cause to permit entry to any place referred to in subsection (1) for the purposes specified in that subsection may issue a warrant directed to the authorized officer to enter the place specified in the warrant for the purpose of exercising in that place the powers conferred on the authorized officer by this Act.
(4) A warrant issued under this section shall, for a period of 7 days from its issue, be sufficient authority –
(a) to the authorized officer to whom it is directed and to all persons acting in aid of the authorized officer to enter the place specified in the warrant; and
(b) to the authorized officer to whom it is directed to exercise in respect of the place specified in the warrant all the powers conferred on an authorized officer by this Act.
(5) Where, pursuant to subsection (1)(b), an authorized officer has taken possession of any invoice, document or other record, the authorized officer –
(a) shall sign for any invoice, document or other record so taken; and
(b) shall return the invoice, document or other record immediately it is no longer required for any proceedings under this Act.
(6) Any person otherwise entitled to possession of an invoice, document, or other record retained by an authorized officer under subsection (5) is, if the person so requests it of the authorized officer, entitled to be furnished as soon as practicable with a copy of that invoice, document, or other record certified by the Director to be a true copy and that certified copy shall be received in all courts and elsewhere as evidence of the matters contained in that copy as if it were the original.