Commonwealth Numbered Acts

Liquid Fuel Emergency Act 1984 No. 5 of 1984 - SECT 31

31. (1) For the purposes of ascertaining whether a person has contravened or
is contravening a relevant provision of this Act or has committed or is
committing an offence against this Act, an authorized person may, with such
assistance as he thinks necessary-

   (a)  with the consent of the occupier, in pursuance of a warrant granted
        under sub-section (3), or in pursuance of sub-section (5), enter any
        land or premises;

   (b)  with the consent of the person (if any) in charge of the vehicle, ship
        or aircraft concerned, in pursuance of a warrant granted under
        sub-section (3), or in pursuance of sub-section (5), enter any
        vehicle, ship or aircraft;

   (c)  search any land, premises, vehicle, ship or aircraft;

   (d)  break open any hold or compartment or any container or other
        receptacle (including any place that could be used as a receptacle);

   (e)  inspect and examine any land, premises, vehicle, ship, aircraft,
        matter or thing;

   (f)  secure any land, premises, vehicle, ship, aircraft, matter or thing;

   (g)  take samples of any matter or thing (including parts of land,
        premises, vehicles, ships or aircraft); or

   (h)  take extracts from, and make copies of, any document.

(2) Samples of any matter or thing taken in accordance with sub-section (1)
shall be dealt with as prescribed.

(3) If, on an application made by an authorized person, a Justice of the Peace
is satisfied, by information on oath or affirmation, that it is reasonably
necessary that the authorized person should, for the purpose of exercising the
powers of an authorized person under paragraphs (1) (c) to (h) (inclusive) of
this section or section 32, have access to the land, premises, vehicle, ship
or aircraft to which the application relates, the Justice of the Peace may
grant a warrant authorizing the authorized person, with such assistance as he
thinks necessary, to enter the land, premises, vehicle, ship or aircraft
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
exercising the powers of an authorized person under paragraphs (1) (c) to (1)
(h) (inclusive) of this section or section 32.

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

(5) An authorized person may enter any land, premises, vehicle, ship or
aircraft on or in which he believes on reasonable grounds that there is
situated any matter or thing that he believes on reasonable grounds will
afford evidence of a contravention of a relevant provision of, or offence
against, this Act if-

   (a)  he believes on reasonable grounds that the entry and the subsequent
        exercise of his powers under paragraphs (1) (c) to (h) (inclusive) of
        this section or section 32 is necessary to prevent the concealment,
        loss or destruction of any matter or thing that may afford evidence of
        a contravention of a relevant provision of, or an offence against,
        this Act; and

   (b)  the entry is made in circumstances of such seriousness and urgency as
        to require and justify immediate entry without the authority of a
        warrant issued under sub-section (3) of this section.

(6) Where an authorized person enters a vehicle, ship or aircraft in
accordance with paragraph (1) (b) of this section, he may, for that purpose
and for the purpose of the subsequent exercise of his powers under paragraphs
(1) (c) to (h) (inclusive) of this section or section 32, stop and detain the
vehicle, ship or aircraft.