South Australian Numbered Acts

HYDROPONICS INDUSTRY CONTROL ACT 2009 (NO 49 OF 2009) - SECT 26

26—Powers of entry and inspection

        (1)         An authorised officer may—

            (a)         enter and remain in or on any premises, place or vehicle that the officer reasonably suspects is used for, or in connection with, carrying on the business of selling prescribed equipment by retail (and, if entry is refused, may employ such force as is reasonably necessary to gain entry); and

            (b)         inspect or search the premises, place or vehicle or any equipment or other thing on the premises, place or vehicle.

        (2)         An authorised officer may—

            (a)         inspect any records kept by a licence holder and, for that purpose, require the licence holder, or an employee or agent of the licence holder, to produce the records; and

            (b)         examine, copy or take extracts from records kept by a licence holder, or require the licence holder, or an employee or agent of the licence holder, to provide a copy of the records; and

            (c)         remove and retain records kept by a licence holder for so long as is reasonably necessary for the purpose of making a copy of the record.

        (3)         An authorised officer may not exercise the power of entry conferred by this section in relation to residential premises except—

            (a)         with the consent of the occupier of the premises; or

            (b)         on the authority of a warrant issued by a magistrate under this section; or

            (c)         if there are reasonable grounds to suspect that the premises are used on a continuing or regular basis for, or in connection with, carrying on the business of selling prescribed equipment by retail.

        (4)         A magistrate may issue a warrant for the purposes of this section if satisfied, by information given on oath, that the warrant is reasonably required in the circumstances.

        (5)         An authorised officer may, in exercising a power under this section, be accompanied by such assistants as may reasonably be required in the circumstances.

        (6)         A person who—

            (a)         hinders an authorised officer in the exercise of powers under this section; or

            (b)         refuses or fails to comply with a requirement made under this section,

is guilty of an offence.

Maximum penalty: $5 000.

        (7)         An authorised officer (other than a police officer in uniform) must produce to the person (if any) affording the officer entry to premises under this section a certificate of authority issued to the authorised officer by the Minister.