Commonwealth Numbered Acts

DAIRY PRODUCE ACT 1986 No. 54 of 1986 - SECT 116

116. (1) An authorised person may, with the consent of the occupier of any
premises, enter the premises for the purpose of performing the functions of an
authorised person under this section.

(2) Where an authorised person has reason to believe that-

   (a)  premises are premises in which dairy produce is produced or stored; or

   (b)  there are on those premises any examinable documents, the authorised
        person may make application to a Justice of the Peace for a warrant
        authorising the authorised person to enter the premises for the
        purpose of performing the functions of an authorised person under this
        section.

(3) If, on an application under sub-section (2), the Justice of the Peace is
satisfied, by information on oath or affirmation-

   (a)  that there is reasonable ground for believing that-

        (i)    the premises to which the application relates are premises in
               which dairy produce is produced or stored; or

        (ii)   there are on those premises any examinable documents; and

   (b)  that the issue of the warrant is reasonably required for the purposes
        of this Act, the Justice of the Peace may issue a warrant authorising
        the authorised person, with such assistance as the authorised person
        thinks necessary, to enter the premises, during such hours of the day
        or night as the warrant specifies or, if the warrant so specifies, at
        any time, if necessary by force, for the purpose of performing the
        functions of an authorised person under this section.

(4) A warrant under sub-section (3) shall specify a day after which the
warrant ceases to have effect.

(5) Where an authorised person has entered any premises pursuant to
sub-section (1) or pursuant to a warrant issued under sub-section (3), the
authorised person may perform the functions of an authorised person under this
section.

(6) The functions of an authorised person under this section are-

   (a)  to search for, examine and take stock of any dairy produce; and

   (b)  to search for, inspect, take extracts from and make copies of any
        examinable documents.
(7) In this section, "examinable documents" means-

   (a)  any books, documents or papers relating to financial dealings between
        a manufacturer of dairy produce and persons who supply to the
        manufacturer the milk, cream or other substances from which that
        dairy produce is produced;

   (b)  any books, documents or papers relating to the financial dealings
        between a manufacturer of dairy produce and the exporter or exporters
        of that dairy produce; or

   (c)  any books, documents or papers relating to the production, storage,
        sale, purchase, import or export of dairy produce.