Document ID: chunk:federal_register_of_legislation:C2004A03947:body:0:p12
Version: federal_register_of_legislation:C2004A03947
Segment Type: other
Provision Reference: 
Character Range: 29127–31796

which the showfloor is registered by the Association;

enter any premises of the Association and exercise the powers set out under subsection (3).

"(2) An inspector must not enter any premises, or exercise any power, under subsection (1) unless:

   (a) an officer of the Association, or the occupier, or the person apparently in charge, of the premises, consents to the entry or the exercise of the power, as the case may be; or

   (b) a warrant under section 119g authorises the entry, or the exercise of the power, as the case may be.

  "(3) The powers of an inspector who enters premises under this section are as follows:

  (a) to inspect any examinable document on or near the premises;

  (b) to take copies of, or make extracts from, any such documents;

  (a) to require an officer of the Association to make available to the inspector any examinable document kept on or near the premises.

"(4) A person must not, without reasonable excuse, fail to comply with a requirement made by a person under paragraph (3) (c).

Penalty: $3,000.

"(5) It is a reasonable excuse for the purposes of subsection (4) for a person to refuse or fail to make an examinable document available that making it available might tend to incriminate the person.

Monitoring warrants: registered premises etc.

"119g. (1) A person who is an inspector for the purposes of this Division may apply to a magistrate for a warrant under this section in relation to particular premises of a registered sampling site, laboratory or showfloor, or of the Association.

"(2) A magistrate may issue a warrant if satisfied, by information on oath, that it is reasonably necessary that the inspector should have access to the premises for the purposes of finding out:

    (a) in the case of premises of registered sampling site—the matter mentioned in paragraph 119e (1).

    (a); or (b) in the case of premises of a registered laboratory—the matter mentioned in paragraph 119e (1) (b); or

    (c) in the case of premises of a registered showfloor—the matter mentioned in paragraph 119e (1) (c); or

  (d) in the case of premises of the Association—any of the matters referred to in subsection 119f. (1).

  "(3) The warrant must:

  (a) state the name of the inspector; and

  (b) authorise the inspector, with such assistance and by such force as is necessary and reasonable:

      (i) to enter the premises; and

        (ii) to exercise the powers mentioned in subsection 119e (3) or 119f (3), as the case requires; and

    (c) 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

    (d) state a day, not