Food Act 2003

For the purposes of this Act, an authorised officer may, at any reasonable time, do any one or more of the following:alone, or with such police officers or other persons as the authorised officer considers necessary, enter and inspect any premises that the authorised officer reasonably believes are used in connection with the handling of any food intended for sale, or with the sale of food, or any food transport vehicle; alone, or with such police officers or other persons as the authorised officer considers necessary, enter and inspect any premises or food transport vehicle in which the authorised officer reasonably believes that there are any records or documents that relate to the handling of any food intended for sale or to the sale of food; examine any food intended for sale; open and examine any package that the authorised officer reasonably believes contains any food intended for sale or any equipment; open and examine any equipment; subject to Division 1 of Part 6, for the purpose of analysing any food sold or intended for sale or for carrying out any other examination in order to determine whether the provisions of this Act are being complied with, demand, select and obtain samples of any food; for the purpose of analysis, take samples of water or soil or any other thing that is part of the environment in which any food is handled to determine whether that environment poses a risk to the safety of the food for human consumption; take samples of any thing, other than for the purpose of analysis, that the authorised officer reasonably believes may be used as evidence that an offence has been, or is being, committed under this Act; seize and retain, or issue a seizure order in respect of, any thing that the authorised officer reasonably believes has been used in, or may be used as evidence of, a contravention of this Act; examine any records or documents referred to in paragraph (b), make copies of those records or documents or any part of them and, for that purpose, take away and retain (for such time as may be reasonably necessary) any such records or documents or any part of them; stop and detain any vehicle that the authorised officer is authorised by this subsection to enter; open, or require to be opened, any container used for the conveyance of goods, or any package, that the authorised officer reasonably believes to contain any food sold or intended for sale, or any equipment; take such photographs, films or audio or visual recordings as the authorised officer considers necessary; take any measurements and make sketches or drawings or any other type of record; require a person to provide information or answer questions in connection with the authorised officer's functions under this Act or to produce any record, document or thing that an authorised officer is authorised to examine under this Act; require a person to state the person's name and residential address; generally make such investigations and inquiries as may be necessary to ascertain whether an offence under this Act is being or has been committed; exercise any other power prescribed by or under the regulations.

This section does not authorise entry into any part of premises that is being used solely for residential purposes, except – with the consent of the occupier of the premises; or under the authority of a search warrant; or if that part of the premises is being used for the preparation of meals provided with paid accommodation.

A person is not excused from a requirement under this section to provide information or answer questions, or to produce any record, document or thing, on the ground that the information, answer, record, document or thing might incriminate the person or make the person liable to a penalty.

However, any information or answer furnished, or record, document or thing produced, by a natural person in compliance with such a requirement is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence against section 42, 43 or 45.