Poppy Industry Act 2016

An authorised officer may, as reasonably required for the enforcement of this Act or the regulations or for the conduct of an audit under this Act of the operations of the holder of a poppy licence or poppy permit—

enter and inspect and, if necessary, use reasonable force to break into or open—

a place or vehicle to which this section applies, or

part of, or anything in or on, a place or vehicle to which this section applies, and

require a person to provide or take samples of or from a substance or thing for analysis, and

examine, test or analyse any equipment, sample or other thing, or cause or require it to be examined, tested or analysed, or seize it or require its production for examination, testing or analysis, and

require a person to produce a record or other document, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process, and

examine, copy or take extracts from a record, document or information so produced or require a person to provide a copy of any such record, document or information, and

take photographs, films or audio, video or other recordings, and

seize and retain anything that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act or the regulations, and

require a person whom the authorised officer reasonably suspects has committed, is committing, or is about to commit, a contravention of this Act or the regulations to state the person’s full name and usual place of residence and to produce evidence of the person’s identity, and

require a person whom the authorised officer reasonably suspects has knowledge of matters in respect of which information is required for the enforcement action or audit to answer questions in relation to those matters, and

require a person holding or required to hold a licence or permit to produce it for inspection, and

give a direction required in connection with the exercise of a power conferred by a paragraph above or otherwise in connection with the enforcement action or audit.

An authorised officer may make a requirement under this section by written notice in the name of the authorised officer or the Secretary.

However, an authorised officer requires the authority of a search warrant issued under this Part, or the consent of the occupier of the place or vehicle concerned, to exercise the power—

to enter and inspect a building, caravan, or other structure or vehicle, used only for residential purposes, or

to use force.

A search warrant is not required—

to enter and inspect, without the use of force, a place, structure or vehicle not of a kind referred to in subsection (3) (a) (for example, a yard, carport, garage or shed), or

to inspect, without the use of force, a structure or vehicle of a kind referred to in subsection (3) (a) in a manner that does not require entry to that structure or vehicle (for example, by inspecting guttering or a roof or an area under the structure or vehicle).

In the exercise of powers under this Act, an authorised officer may be assisted by such persons as the authorised officer considers necessary in the circumstances.

An authorised officer may require an occupier of premises or a place, or a person apparently in charge of a vehicle, vessel, aircraft, plant or other thing, to give to the authorised officer, or a person assisting the authorised officer, such assistance as is reasonably required by the authorised officer for the effective exercise of powers conferred by this Act.

Division 2 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to anything seized under this section as if it had been seized under that Act, subject to the following modifications—

a reference to a police officer is to be read as a reference to an authorised officer,

a reference to the Commissioner is, in a case involving seizure by an authorised officer who is not a police officer, to be read as a reference to the Secretary,

any other modifications specified in the regulations.

An authorised officer may, in accordance with directions of the Secretary, dispose of alkaloid poppies or material derived from alkaloid poppies voluntarily surrendered to the officer by the holder of a poppy licence or poppy permit or any other person.

Each of the following is a place or vehicle to which this section applies—

premises or a place, vehicle, vessel or aircraft that an authorised officer reasonably suspects is being, or has been, used by a person for or in connection with an activity authorised by a poppy licence or poppy permit,

premises or a place, vehicle, vessel or aircraft in which an authorised officer reasonably suspects there may be records relating to an activity authorised by a poppy licence or poppy permit,

premises or a place, vehicle, vessel or aircraft in which an authorised officer reasonably suspects a person is committing, or is about to commit, a contravention of this Act or the regulations or there may be anything that has been used in, or may constitute evidence of, a contravention of this Act or the regulations.