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Chapter 2
Powers of authorised officers
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Power to enter premises to inspect records
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74. (1) For the purposes of exercising a function an authorised officer may at any reasonable time enter premises where the officer has reasonable grounds for believing that there are—
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(a) records relating to agricultural and food products, or
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(b) anything used in connection with agricultural and food products.
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(2) An authorised officer may not enter a dwelling other than—
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(a) with the consent of the occupier,
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(b) pursuant to a search warrant under this section, or
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(c) where the officer has reasonable grounds for believing that before a search warrant can be obtained evidence of an offence under this Act is likely to be disposed of or destroyed.
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(3) A judge of the District Court may issue a search warrant allowing an authorised officer to enter a dwelling if satisfied by information on the oath of an authorised officer that there are reasonable grounds for believing that—
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(a) evidence of or relating to the commission or intended commission of an offence under this Act may be found on the premises,
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(b) a record related to an agricultural and food product or other thing made, used or adapted for use (including manufacture or transport) in connection with an agricultural and food product may be found on the premises, or
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(c) a record related to a thing to which paragraph (a) or (b) refers is or may be on the premises.
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(4) A search warrant under this section shall be expressed and operate to authorise a named authorised officer, accompanied by such other officers or persons as the officer thinks necessary, at any time within one month from the date of issue of the warrant—
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(a) to use reasonable force to enter the premises,
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(b) to enter the premises named in the warrant, and
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(c) to exercise functions of an authorised officer.
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(5) An authorised officer entering premises in reliance on a warrant under this section shall produce it on request.
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(6) In this Chapter, “premises” includes a vehicle, vessel and aircraft.
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