Packaged Goods (Quantity Control) Act, 1980

Powers of inspectors.

14.—(1) For the purposes of giving effect to this Act, an inspector may—

(a) at all reasonable times enter any premises, other than a dwelling, in which he reasonably believes there are for the time being packages to which section 8 of this Act applies,

(b) inspect such premises and examine any packages found thereon which he reasonably believes to be packages to which the said section 8 applies,

(c) subject to subsection (4) of this section, open any such package and examine, test (including testing to destruction) and measure any goods or container included in such package,

(d) subject to subsection (4) of this section, take away from the premises for examination, testing and measuring any such package,

(e) test any equipment which he reasonably believes may be used to make up or to check packages to which section 8 of this Act applies,

(f) require any person, other than an officer of Customs and Excise, whom he finds on such premises to produce for inspection by such inspector any books, records or other documents which are in that person's power or control and which relate to such packages or to the goods included therein and to give to him such information (being information in the person's possession) as he may require in relation to any entries in such books, records or other documents,

(g) inspect and copy or take extracts from any such books, records, or other documents,

(h) in case he finds on such premises any such package, require any person whom he so finds to give to him, if known to such person, the name of the person by whom the package was made up, imported or distributed,

and, if an inspector has reasonable grounds for suspecting that a person has failed or is failing to perform the duty imposed on him by section 9 or 10 of this Act as regards any package found on premises entered by the inspector pursuant to this section, or that any such package is, for the purposes of section 17 (5) of this Act, inadequate, he may seize and retain the package and anything else so found and which appears to him to be something which might be required as evidence in proceedings for an offence under this Act.

(2) If an inspector has reasonable cause to believe that a person has failed to perform the duty imposed on him by section 9 of this Act in relation to a group of packages, the inspector may serve on the person in possession of the packages a notice in writing specifying the packages and requiring him to keep the packages at a place specified in the notice and at the disposal of the inspector for a period so specified (being a period not greater than one month).

(3) An inspector may in the course of exercising a power conferred on him by subsection (1) of this section require a person whom he finds on premises entered by him in exercise of such a power to—

(a) enable such inspector to use anything which is then under the person's control and is required by the inspector for the purpose of making an examination, test or measurement, under the said subsection (1),

(b) render, or cause to be rendered, for or in connection with such purpose, such personal assistance as the inspector shall reasonably specify.

(4) If an inspector—

(a) breaks open a package in pursuance of subsection (1) (c) of this section otherwise than on premises occupied by the packer or importer of the package and, for the purposes of section 17 (5) of this Act, the package is not inadequate,

(b) takes away a package in pursuance of subsection (1) (d) of this section,

it shall be the duty of the inspector, if the owner of the package requests him so to do, to buy the package on behalf of the Minister.