Commonwealth Consolidated Acts

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DAIRY PRODUCE ACT 1986 - SECT 116

Access to premises

  (1)   An authorised person may, with the consent of the occupier of any premises, enter the premises for the purpose of performing the functions of an authorised person under this section.

  (2)   Where an authorised person has reason to believe that:

  (a)   premises are premises in which dairy produce is produced or stored; or

  (b)   there are on those premises any examinable documents;

the authorised person may make application to a Justice of the Peace for a warrant authorising the authorised person to enter the premises for the purpose of performing the functions of an authorised person under this section.

  (3)   If, on an application under subsection   ( 2), the Justice of the Peace is satisfied, by information on oath or affirmation:

  (a)   that there is reasonable ground for believing that:

  (i)   the premises to which the application relates are premises in which dairy produce is produced or stored; or

  (ii)   there are on those premises any examinable documents; and

  (b)   that the issue of the warrant is reasonably required for the purposes of this Act (other than Schedule   2);

the Justice of the Peace may issue a warrant authorising the authorised person, with such assistance as the authorised person 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 performing the functions of an authorised person under this section.

  (4)   A warrant under subsection   ( 3) shall specify a day after which the warrant ceases to have effect.

  (5)   Where an authorised person has entered any premises pursuant to subsection   ( 1) or pursuant to a warrant issued under subsection   ( 3), the authorised person may perform the functions of an authorised person under this section.

  (6)   The functions of an authorised person under this section are:

  (a)   to search for, examine and take stock of any dairy produce; and

  (b)   to search for, inspect, take extracts from and make copies of any examinable documents.

  (7)   In this section, examinable documents means:

  (a)   any books, documents or papers relating to financial dealings between a manufacturer of dairy produce and persons who supply to the manufacturer the milk, cream or other substances from which that dairy produce is produced;

  (b)   any books, documents or papers relating to the financial dealings between a manufacturer of dairy produce and the exporter or exporters of that dairy produce; or

  (c)   any books, documents or papers relating to the production, storage, sale, purchase, import or export of dairy produce.



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