FOOD ACT 2008 - SECT 38

FOOD ACT 2008 - SECT 38

38 .         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 the police officers or other persons 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 the police officers or other persons 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)         examine any labelling or advertising material that appears to the authorised officer to be intended for use in connection with any food intended for sale or any equipment;

            (g)         subject to Part 7 Division 1, for the purpose of analysing any food sold or intended for sale or for carrying out any other examination to determine whether the provisions of this Act are being complied with — demand, select and obtain samples of any food;

            (h)         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;

                  (i)         take samples of anything, 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;

            (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 any time that may be reasonably necessary) any of those 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 any photographs, films or audio or visual recordings that 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 any investigations and inquiries that may be necessary to ascertain whether an offence under this Act has been or is being committed.

        (2)         This section does not authorise entry into any part of premises being used solely for residential purposes, except —

            (a)         with the consent of the occupier of the premises; or

            (b)         under the authority of a warrant issued under section 42; or

            (c)         if that part of the premises is being used for the preparation or service of meals provided with paid accommodation.

        (3)         With respect to powers of entry, inspection and seizure by and pursuant to section 38, the exercise of all such powers of the authorised officer must be reasonable under the circumstances.