South Australian Current Acts

SHOP TRADING HOURS ACT 1977 - SECT 8

8—Powers of Inspectors

        (1)         For the purposes of ascertaining whether a provision of this Act has been complied with, an Inspector may—

            (a)         enter and inspect at any time any building, yard, place, structure, stall or tent; or

            (b)         require the driver of a vehicle, suspected by the Inspector, on reasonable grounds, to be used as a shop or in connection with the business of a shop to stop the vehicle, and enter and inspect the vehicle or anything drawn by it; or

            (c)         require a person to produce any book, paper, document or record; or

            (ca)         inspect or take copies of any book, paper, document or record or, for that purpose, remove any book, paper, document or record; or

            (cb)         take measurements, or make notes and records; or

            (cc)         take photographs, films or video or audio recordings; or

            (d)         require any person to answer any question put by the Inspector (whether directly or through an interpreter); or

            (e)         give such directions as are reasonably necessary for, or incidental to, the effective exercise of a power under this section.

        (2)         In the exercise of powers under subsection (1), an Inspector may be accompanied by such other persons as seem necessary or desirable in the circumstances.

        (3)         A person must not—

            (a)         hinder or obstruct an Inspector, or a person assisting an Inspector, in the exercise of a power under this section; or

            (b)         use abusive or threatening language to an Inspector, or a person assisting an Inspector, in the exercise of a power under this section; or

            (c)         refuse or fail to answer, to the best of that person's knowledge, information and belief, a question put to the person under subsection (1)(d); or

            (d)         refuse or fail to comply with any other requirement or direction under this section.

Maximum penalty: $25 000.

        (4)         A person is not obliged to answer a question as required under subsection (1)(d) if to do so might tend to incriminate the person or make the person liable to a penalty.

        (5)         A person is not obliged to provide information under this section that is privileged on the ground of legal professional privilege.