Commonwealth Numbered Acts

WHEAT MARKETING ACT 1984 NO. 141 OF 1984 - SECT 62

62. (1) An authorized person may, with the consent of the occupier of any
premises in a Territory, enter the premises for the purpose of exercising the
functions of an authorized person under this section.

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

   (a)  there is on any premises in a Territory-

        (i)    wheat that is the property of the Board and is not in the
               possession of the Board;

        (ii)   wheat that is required by this Act to be delivered to the
               Board; or

        (iii)  wheat in respect of which an offence against this Act has been
               committed; or

   (b)  there are on any premises in a Territory books, documents or other
        papers relating to wheat or wheat products, the authorized person may
        make application to a Justice of the Peace for a warrant authorizing
        the authorized person to enter the premises for the purpose of
        exercising the functions of an authorized 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 are reasonable grounds for believing that there is on the
        premises any wheat, or that there are on the premises any books,
        documents or papers, referred to in sub-section (2); and

   (b)  that the issue of the warrant is reasonably required for purposes of,
        or related to the operation of, this Act, the Justice of the Peace may
        issue a warrant authorizing the authorized person, with such
        assistance as the authorized 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 exercising the functions of an
        authorized person under this section.

(4) A warrant under sub-section (3) shall specify a date, not being later than
one month after the date of issue of the warrant, upon which the warrant
ceases to have effect.

(5) An authorized person who enters any premises pursuant to sub-section (1)
or pursuant to a warrant issued under sub-section (3) may exercise the
functions of an authorized person under this section.

(6) A person shall not, without reasonable excuse, obstruct or hinder an
authorized person acting pursuant to a warrant issued under sub-section (3) or
pursuant to sub-section (5).
Penalty: $1,000 or imprisonment for 6 months, or both.

(7) The functions of an authorized person under this section are-

   (a)  to search for and inspect wheat;

   (b)  to take possession of and remove wheat referred to in paragraph (2)
        (a); and

   (c)  to search for, inspect, take extracts from and make copies of books,
        documents or papers referred to in paragraph (2) (b).

(8) On the taking possession, under sub-section (7), of wheat that,
immediately before such taking, was not the property of the Board, the wheat
becomes the absolute property of the Board, freed from all mortgages, charges,
liens, pledges, interests and trusts.
(9) In this section, "occupier", in relation to premises, includes the person
in charge of the premises.