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Authorised officers.
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7.— (1) In this section—
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“ authorised officer ” means—
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(a) a person appointed under subsection (2), or
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(b) an officer of Customs and Excise;
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“ premises ” means any place or vehicle;
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“ record ” includes, in addition to a record in writing—
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(a) a disc, tape, sound-track or other device, including an electronic device, in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,
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(b) a film, tape or other device, including an electronic device, in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form,
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(c) a photograph,
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and any reference to a copy of a record includes—
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(i) in the case of a record to which paragraph (a) applies, a transcript of the sounds or signals embodied in it,
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(ii) in the case of a record to which paragraph (b) applies, a still reproduction of the images embodied in it, and
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(iii) in the case of a record to which paragraphs (a) and (b) apply, such a transcript together with such a still reproduction;
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“ vehicle ” means any conveyance in or by which any person or thing, or both, is transported which is designed for use on land, or in water or in the air, or in more than one of those ways, and includes—
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(a) part of a vehicle,
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(b) an article designed as a vehicle but not capable of functioning as a vehicle,
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(c) a skip or other container designed for use or used for carriage on a vehicle, or
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(d) a trailer designed for use or used with a vehicle.
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(2) For the purposes of this Act the Minister may, in writing, appoint to be authorised officers—
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(a) such and so many of his or her officers, and
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(b) for such purposes as the Minister may specify, such and so many other persons.
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(3) (a) A warrant of appointment as an authorised officer shall be issued to every person appointed under subsection (2).
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(b) Whenever a person is exercising any function conferred on him or her as an authorised officer such person shall, if requested by a person affected—
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(i) in the case of a person appointed under subsection (2), produce his or her warrant, or
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(ii) in the case of an officer of Customs and Excise, produce his or her authorisation as such an officer,
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to the person so requesting.
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(4) The Minister may at any time terminate an appointment as an authorised officer, whether or not the appointment was for a fixed period.
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(5) An appointment as an authorised officer shall cease—
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(a) where the Minister terminates it pursuant to subsection (4),
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(b) where it is for a fixed period, on the expiry of that period, or
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(c) where the person appointed is an officer of the Minister, upon he or she ceasing to be such an officer.
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(6) Nothing in subsection (5) shall be construed so as to prevent the Minister from re-appointing as an authorised officer a person to whom that subsection relates.
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(7) Subject to subsection (10), an authorised officer may, for the purposes of this Act (if necessary by the use of reasonable force) at all reasonable times, enter any premises and—
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(a) require the production of any—
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(i) licence, or
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(ii) document or record, that he or she believes on reasonable grounds to be evidence of the exportation of goods or technology or the provision of brokering activities or technical assistance,
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and inspect any such licence, document or record and, in the case of such licence, document or record being in a non-legible form, to produce or to facilitate the production of such licence, document or record in a legible form and take copies of or extracts from or remove and retain any such licence, document or record, for such period as may be reasonable for their examination or for the purposes of any proceedings in relation to an offence under this Act,
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(b) require a person to give to the authorised officer such information as he or she may reasonably require for the purposes of his or her functions under this Act,
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(c) carry out, or cause to be carried out, such examinations, tests, inspections and checks of the premises, goods or technology or any other article at the premises as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act,
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(d) take samples of goods or technology found at the premises for the purposes of analysis and examination, as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act,
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(e) secure for later inspection any premises or part of any premises or any equipment found at such premises for such period as may reasonably be necessary for the purposes of his or her functions under this Act,
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(f) exercise such other powers as may be necessary to ensure compliance with this Act.
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(8) Where, upon reasonable grounds, an authorised officer believes that a person has committed an offence under this Act he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.
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(9) An authorised officer may be assisted in the exercise of his or her functions under this Act by such other person as the authorised officer considers necessary, including a member of the Garda Síochána.
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(10) An authorised officer shall not, except with the consent of the occupier or person in charge, enter a private dwelling unless he or she has obtained a warrant in accordance with subsection (11).
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(11) Without prejudice to the powers conferred on an authorised officer by or under any other provision of this section, if a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for suspecting that—
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(a) there is information or records required by an authorised officer for the purpose of this Act held in, at or on any premises, or
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(b) there are goods or technology or any other article that an authorised officer requires to inspect for the purposes of this Act, or that such an inspection is likely to disclose evidence of a contravention of this Act,
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then the judge may issue a warrant authorising an authorised officer, accompanied if necessary, by other authorised officers or other persons including members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, to enter the premises, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer by or under this Act.
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(12) An application for a warrant under subsection (11) shall be made to the judge of the District Court in the district court district in which the premises is situated.
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(13) A person commits an offence if he or she—
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(a) obstructs or impedes—
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(i) an authorised officer in the exercise of his or her powers under this section, or
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(ii) a person assisting an authorised officer pursuant to subsection (9),
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(b) without reasonable excuse, refuses or fails to comply with a requirement made under subsection (7)(b) or (8),
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(c) makes a statement or furnishes information to an authorised officer which, to his or her knowledge, is false or misleading in a material respect, or
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(d) alters, suppresses or destroys any documents or records which the person concerned has been required to produce, or may reasonably expect to be required to produce.
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