General powers of authorised officers
30 General powers of authorised officers
For the purposes of the administration of this Act, the regulations or a Code of Practice, an authorised officer may take any action that is necessary to ascertain whether the provisions of—
this Act; or
the regulations; or
a Code of Practice; or
a seafood safety licence; or
a food safety program—
have been, or are being, complied with.
For the purposes of subsection (1) an authorised officer may at any reasonable time—
enter, inspect and examine any premises (that is not a person's dwelling) that the authorised officer believes on reasonable grounds is used in connection with—
the handling of seafood intended for sale for human consumption; or
the conduct of a seafood business;
enter, inspect and examine any vehicle that the authorised officer believes on reasonable grounds is used in connection with—
the handling of seafood intended for sale for human consumption; or
the conduct of a seafood business;
stop and detain any vehicle that the authorised officer is authorised by this subsection to enter;
direct any person in charge of or apparently in charge of any vehicle that the authorised officer is authorised by this subsection to enter, to proceed elsewhere and stop;
require any person to produce for inspection any documents in the possession of that person relating to seafood;
require any person to—
provide information; or
answer any questions; or
state the person's name and residential address—
in connection with the authorised officer's functions under this Act;
inspect and examine any documents, seafood or other product, material, equipment, plant or facility on any premises or vehicle specified in paragraph (a) or (b), which in the opinion of the authorised officer relates to—
the handling of seafood intended for sale for human consumption; or
the conduct of a seafood business;
seize any documents, seafood or other product or material specified in paragraph (g);
take copies of or extracts from any documents specified in paragraph (g);
take samples of any seafood or other product or material specified in paragraph (g);
for the purpose of paragraph (j), open or cause to be opened any package, container or receptacle which contains, or which the authorised officer suspects on reasonable grounds contains, seafood;
conduct or cause to be conducted an examination or analysis that the authorised officer considers necessary to determine the composition or safety of any seafood;
for the purpose of analysis, take samples of water or soil or any other thing that is a part of the environment in which any seafood is handled to determine whether that environment poses a risk to the safety of the seafood for human consumption;
take any photographs, films or audio or visual recordings that the authorised officer considers necessary;
take any measurements and make sketches or drawings or any other type of record;
monitor any specified functions required by a Code of Practice to be carried out by any person holding specified qualifications.
The owner of any seafood examined or analysed under subsection (2)(l) is on payment of the prescribed fee entitled to a certificate from the Authority showing the result of the examination or analysis.
The owner of any premises or the operator of any vehicle specified in subsection (2) must provide an authorised officer who wishes to exercise or is exercising a power under subsection (2) with any assistance that is necessary or desirable to enable the authorised officer to exercise that power effectively.
This provision refers to the regulations (the regulations
, prescribed fee
). Made under this Act:
- Seafood Safety Regulations 2024 · under sections 8(3) and 61
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