Victorian Current Acts

DAIRY ACT 2000 - SECT 45

    (1)     For the purposes of the administration of this Act, any Code of Practice and the regulations and of ascertaining whether the provisions of this Act, any Code of Practice and the regulations and the conditions of any dairy industry licence have been or are being complied with, an authorised officer may with such assistance as the authorised officer may require, at any reasonable time—

        (a)     enter, inspect and examine any dairy premises or any other premises on which there is conducted a business in respect of which this Act requires the holding of a licence or which the authorised officer suspects on reasonable grounds is used for such a purpose;

        (b)     detain, enter and examine any vehicle which is used or which the authorised officer suspects on reasonable grounds is used to transport dairy food;

        (c)     require any person to produce for inspection any records in the possession of that person relating to dairy food;

        (d)     require any person on any dairy premises or in charge or apparently in charge of any vehicle used for the transportation of dairy food to—

              (i)     give such information as the authorised officer requests; and

              (ii)     answer any questions put to that person by the authorised officer;

        (e)     inspect and examine any records, product, material, equipment, plant or facility on any such premises or vehicle which in the opinion of the authorised officer relates to or is used for receiving, collecting, processing, producing, manufacturing, transporting, storing, distributing, packing, sealing, testing, selling, purchasing or disposing of dairy food;

        (f)     seize any records, product or material specified in paragraph (e);

        (g)     take copies of or extracts from any records specified in paragraph (e);

        (h)     take samples of any dairy food or any material, chemical or other substance or thing used or suspected of being used in connection with the production, preparation, processing, manufacture or testing of any dairy food;

              (i)     for the purpose of paragraph (h) open or cause to be opened any package, container or receptacle which contains or which the authorised officer suspects on reasonable grounds contains dairy food;

        (j)     conduct or cause to be conducted such examination or analysis as the authorised officer considers necessary to determine the composition or safety of any dairy food;

        (k)     monitor any specified functions required by a Code of Practice to be carried out by any person holding specified qualifications.

    (2)     The owner of any dairy food examined or analysed under subsection (1)(j) is on payment of the prescribed fee entitled to a certificate from the Authority showing the result of the examination or analysis.

    (3)     The owner of any premises specified in subsection (1)(a) and the driver of any vehicle specified in subsection (1)(b) must provide an authorised officer who wishes to exercise or is exercising a power under subsection (1) with such assistance as is necessary or desirable to enable the authorised officer to exercise that power effectively.