Victorian Consolidated Legislation

Food Act 1984 - SECT 21

Powers of authorized officers

21. Powers of authorized officers



(1) In the execution of this Act an authorized officer with such assistants as
he thinks necessary may-

   (a)  at any reasonable time enter any premises or other place in or at
        which he believes on reasonable grounds that any article is sold or
        handled for sale and therein may-

   (i)  make such investigation and enquiry as are necessary to ascertain
        whether the provisions of this Act are being complied with;

   (ii) inspect the premises or other place (as the case may be) and examine
        any fittings, fixtures, documents or articles contained therein
        including anything that he believes on reasonable grounds to be an
        article;

   (iii) open and examine any package that he believes on reasonable grounds
        contains an article;

   (iv) subject to this Act, take samples of any article;

   (v)  seize any article by means of or in relation to which he believes on
        reasonable grounds that any provision of this Act has been contravened
        or not complied with and detain or remove to some suitable place any
        article so seized;

   (vi) mark, fasten, secure or seal any article or, where it is reasonably
        necessary to do so, mark, fasten, secure or seal any door, gate or
        opening that he believes on reasonable grounds affords access to an
        article;

   (vii) seize or take samples of any thing or matter (apart from any article
        of which a sample may be taken pursuant to subparagraph (iv) or which
        may be seized pursuant to subparagraph (v)) that he believes on
        reasonable grounds may be used as evidence in a proceeding under this
        Act and detain or remove to some suitable place any samples so taken
        or thing or matter so seized; and

   (viii) take such photographs or audio or visual recordings as he considers
        necessary;

   (b)  stop, detain and search any vehicle used or that he believes on
        reasonable grounds is being or is likely to be used for the conveyance
        of any article or in or on which he believes on reasonable grounds any
        article is sold or handled for sale and exercise in relation to that
        vehicle any of the powers or authorities conferred upon him by
        paragraph (a) in relation to any premises or other place;

   (c)  require a person found by him committing an offence against this Act
        or who he believes on reasonable grounds has committed an offence
        against this Act or whose name and address are in his opinion
        reasonably required to state his full name and the address of his
        usual place of residence and, if he suspects on reasonable grounds
        that a name or address so stated is false, may require him to produce
        evidence of the correctness thereof;

   (d)  in a case where he is obstructed or believes on reasonable grounds
        that he may be obstructed in the exercise of the powers or authorities
        or the discharge of the functions or duties conferred or imposed upon
        him by or under this Act, call to his aid a member of the police
        force, whereupon it shall be the duty of a member of the police force
        so called to assist him as required and a member so assisting shall
        have the same powers and authorities as are conferred upon an
        authorized officer by this Act; and

   (e)  exercise such other powers or authorities and discharge such other
        functions or duties as are prescribed.

(2) Where the Secretary certifies that the sale or the handling for sale of
any food having any particular physical characteristics is likely to involve a
contravention of or a failure to comply with this Act, the finding of any food
having those physical characteristics and appearing to have been sold or
handled for sale shall, for the purposes of subsection (1), constitute
reasonable grounds for believing that there has been a contravention of or a
failure to comply with this Act with respect to that food.

(3) If in the opinion of the Secretary there are reasonable grounds for
suspecting that any person is (for the purposes of the sale or the preparing
for sale of food) in possession of any article by means of which or in
relation to which any provision of this Act has been contravened or not
complied with, the Secretary may require such person to produce for the
Secretary's inspection or to produce to an authorized officer any relevant
books and the Secretary or the authorized officer may inspect, examine and
make copies of or extracts from any book so produced or remove it for the
purpose of making a copy thereof or extracts therefrom.