Consumer Affairs Act 1988

For the purpose of the exercise by the Office of any of its functions under this Act, or for the purpose of any investigation that is being conducted in accordance with this Act, an authorized officer may, at all reasonable times and subject to subsection (2), do any or all of the following:enter any place where he knows or reasonably believes that – goods are produced, manufactured, assembled, prepared, sold, or stored; or services are supplied; or invoices, documents, or other records relating to goods or services supplied or to be supplied are kept; enter any place that he knows or reasonably believes to be used by any person as an office, depot, or premises for the purpose of carrying on any business or trade of supplying goods or services; in any place lawfully entered by him – search for, examine, take possession of, or make copies of or extracts from invoices, documents, or other records relating to goods or services supplied or to be supplied or relating to any matter the subject of an investigation under this Act; and search for goods and examine goods; and open any package that he knows or reasonably suspects to contain goods; and question with respect to matters with which this Act is concerned any person employed in that place; make such inquiries as he believes to be necessary or desirable in relation to the performance of his functions under this Act.

An authorized officer shall not forcibly enter any place referred to in subsection (1) unless he has first obtained a warrant pursuant to subsection (4). Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 9 months, or both.

An authorized officer shall not enter any premises which are, or part of premises which part is, used as a dwelling unless he has the permission of the occupier of those premises or that part to his entry or has obtained a warrant pursuant to subsection (4). Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 9 months, or both.

A magistrate who is satisfied by evidence on oath upon the complaint of an authorized officer that there is reasonable cause to permit entry to any place referred to in subsection (1) for the purposes specified in that subsection may issue a warrant directed to the authorized officer to enter the place specified in the warrant for the purpose of his exercising in that place the powers conferred on the authorized officer by this Act.

A warrant issued under this section shall, for a period of one month from its issue, be sufficient authority – to the authorized officer to whom it is directed and to all persons acting in aid of him to enter the place specified in the warrant; and to the authorized officer to whom it is directed to exercise in respect of the place specified in the warrant all the powers conferred on an authorized officer by this Act.

Where an authorized officer has taken possession of any invoice, document, or other record for the purposes of this Act, that authorized officer may retain that invoice, document, or other record for so long as is necessary for those purposes.

Any person otherwise entitled to possession of an invoice, document, or other record retained by an authorized officer under subsection (6) is, if he so requests it of the authorized officer, entitled to be furnished as soon as practicable with a copy of that invoice, document, or other record certified by the Director to be a true copy and that certified copy shall be received in all courts and elsewhere as evidence of the matters contained in that copy as if it were the original.