Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of ascertaining whether a person has contravened or is contravening a civil penalty provision or has committed or is committing an offence against this Act, an authorised person may do any one or more of the following:
(a) enter any land or premises;
(b) enter any vehicle, ship or aircraft;
(c) search any land, premises, vehicle, ship or aircraft;
(d) break open any hold or compartment or any container or other receptacle (including any place that could be used as a receptacle);
(e) inspect and examine any land, premises, vehicle, ship, aircraft, article or thing;
(f) secure any land, premises, vehicle, ship, aircraft, article or thing;
(g) take samples of any article or thing (including parts of land, premises, vehicles, ships or aircraft);
(h) take extracts from, and make copies of, any document.
(1A) However, an authorised person is not entitled to exercise a power under subsection (1) unless:
(a) the occupier of the land or premises, or the person in charge of the vehicle, ship or aircraft, consents to the exercise of the power; or
Note: See also section 32A.
(b) a warrant is in force under subsection (4) authorising the exercise of the power; or
(c) subsection (6) authorises the exercise of the power.
(2) Samples of any article or thing taken in accordance with subsection (1) shall be dealt with as prescribed.
Warrants
(3) An authorised person may apply to a magistrate for a warrant under this section in relation to land or premises or a vehicle, ship or aircraft.
(4) The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting a person has contravened or is contravening a civil penalty provision or has committed or is committing an offence against this Act.
(5) The warrant must:
(a) authorise an authorised person to exercise the powers set out in subsection (1) of this section and section 32 in relation to the land, premises, vehicle, ship or aircraft; and
(b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and
(c) specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and
(d) state the purpose for which the warrant is issued.
Emergency exercise of powers
(6) An authorised person may exercise the powers set out in subsection (1) of this section and section 32 in relation to land or premises or a vehicle, ship or aircraft if the person believes on reasonable grounds that:
(a) there is situated upon the land, or upon or in the premises, vehicle, ship or aircraft, any article or thing that may afford evidence of a contravention of a civil penalty provision or an offence against this Act; and
(b) the exercise of those powers is necessary to prevent the concealment, loss or destruction of the article or thing.
(7) However, subsection (6) does not apply unless the powers set out in subsection (1) of this section and section 32 are exercised in circumstances of such seriousness and urgency as to require and justify the immediate exercise of those powers without the authority of a warrant issued under subsection (4) of this section.
Stopping and detaining vehicles, ships or aircraft
(8) If an authorised person may enter a vehicle, ship or aircraft under subsection (1), the person may stop and detain the vehicle, ship or aircraft:
(a) for that purpose; and
(b) for the purpose of exercising a power under paragraph (1)(c), (d), (e), (f), (g) or (h); and
(c) if the person may enter the vehicle, ship or aircraft in accordance with a warrant in force under subsection (4) or in accordance with subsection (6)--for the purpose of exercising a power under section 32.
Availability of assistance and use of force
(9) An authorised person may obtain such assistance as is necessary and reasonable in the circumstances in:
(a) exercising a power under subsection (1) with the consent of the occupier of the land or premises, or the person in charge of the vehicle, ship or aircraft; or
(b) exercising a power under subsection (8) because of the person being able to enter the vehicle, ship or aircraft with such consent.
(10) An authorised person may obtain such assistance, and use such force against persons and things, as is necessary and reasonable in the circumstances in:
(a) exercising a power under subsection (1) in accordance with a warrant in force under subsection (4) or in accordance with subsection (6); or
(b) exercising a power under subsection (8) because of the person being able to enter the vehicle, ship or aircraft in accordance with a warrant in force under subsection (4) or in accordance with subsection (6); or
(c) exercising a power under section 32.