Seafood Safety Act 2003

If an authorised officer believes, on reasonable grounds, that a person has contravened this Act, the regulations or a Code of Practice, the authorised officer, with the consent of the occupier of the premises or the operator of the vehicle, may—

alone, or with any police officer, enter and search any premises or vehicle;

alone, or with any police officer, seize any thing found on the premises or vehicle that the authorised officer believes on reasonable grounds, to be connected with the alleged contravention;

inspect and make copies of, or take extracts from, any document found on the premises or vehicle;

examine and take and keep samples of any seafood found on the premises or vehicle which the authorised officer believes on reasonable grounds to be connected with the alleged contravention;

for the purpose of paragraph (d), 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;

inspect and make copies of, or take extracts from, any document found on the premises or vehicle.

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

An authorised officer must not enter and search premises or a vehicle with the consent of the occupier or operator unless, before the occupier or operator consents to that entry, the authorised officer has—

produced his or her identity card for inspection; and

informed the occupier or operator—

of the purpose of the search; and

that the occupier or operator may refuse to give consent to the entry and search or to the seizure of any thing found during the search; and

that the occupier or operator may refuse to consent to the taking of any sample of goods or any copy or extract from a document found on the premises or vehicle during the search; and

that any thing seized or taken during the search with the consent of the occupier or operator may be used in evidence in proceedings.

If an occupier or operator consents to an entry and search, the authorised officer who requested consent must before entering the premises or vehicle ask the occupier or operator to sign an acknowledgment in the prescribed form stating—

that the occupier or operator has been informed of the purpose of the search and that any thing seized or taken in the search with the consent of the occupier or operator may be used in evidence in proceedings; and

that the occupier or operator has been informed that he or she may refuse to give consent to the entry and search; and

that the occupier or operator has consented to such an entry and search; and

the date and time that the occupier or operator consented.

If an occupier or operator consents to the seizure or taking of any thing during a search under this section, the authorised officer must, before seizing or taking the thing, ask the occupier or operator to sign an acknowledgment stating—

that the occupier or operator has consented to the seizure or taking of the thing; and

the date and time that the occupier or operator consented.

An occupier or operator who signs an acknowledgment must be given a copy of the signed acknowledgment before the authorised officer leaves the premises or vehicle.

If, in any proceeding, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier or operator did not consent to the entry and search or to the seizure or the taking of the thing.