Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUGAR CANE LEVY COLLECTION ACT 1987 No. 26, 1987 - SECT 11

Access to premises
11. (1) An authorised person may, with the consent of the occupier of any
premises, enter those premises for the purpose of exercising the powers of an
authorised person under this section.

(2) Where an authorised person has a reasonable ground for believing that:

   (a)  particular premises are a sugar mill; or

   (b)  there are examinable documents on particular premises; 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 exercising the powers of an authorised person under this
        section.

(3) If, on an application under subsection (2), the Justice of the Peace is
satisfied, by information on oath or affirmation, that:

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

        (i)    the premises to which the application relates are a sugar mill;
               or

        (ii)   there are examinable documents on the premises to which the
               application relates; and

   (b)  the issue of the warrant is reasonably required for the purposes of
        this Act; the Justice of the Peace may grant a warrant authorising the
        authorised person, with such assistance as is reasonable and 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, using such force as is necessary and
        reasonable, for the purpose of exercising the powers of an
        authorised person under this section.

(4) A warrant granted under this section shall specify a day, not later than
28 days after the day of issue of the warrant, on which the warrant ceases to
have effect.

(5) Where an authorised person has entered any premises under this section,
the authorised person may:

   (a)  search for, examine, and take stock of, sugar cane or raw sugar; and

   (b)  search for, inspect, take extracts from, and make copies of, any
        examinable documents.

(6) A person shall not, without reasonable excuse, obstruct or hinder an
authorised person acting under subsection (1) or under a warrant issued under
subsection (3).
Penalty: $1,000 or imprisonment for 6 months, or both.
(7) In this section, "examinable documents" means:

   (a)  any documents relating to financial dealings between persons who grow
        or deliver sugar cane and:

        (i)    persons to whom sugar cane is delivered; or

        (ii)   persons who accept sugar cane for processing; and

   (b)  any documents relating to the production, carriage, delivery,
        processing, purchase, storage or sale of sugar cane or the production
        or storage of raw sugar. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback