Commonwealth Numbered Acts

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BARLEY RESEARCH ACT 1980 No. 168 of 1980 - SECT 31

Access to premises
31. (1) An authorized person may, with the consent of the occupier of any
premises, enter the premises for the purpose of exercising the functions of an
authorized person under this section.

(2) Where an authorized person is of the opinion that there is reasonable
ground for believing that-

   (a)  premises are premises at which barley is produced or stored; or

   (b)  there are, on any premises, examinable documents, the
        authorized person may make application to a Justice of the Peace for a
        warrant authorizing the authorized person to enter the premises for
        the purpose of exercising the functions of an authorized person under
        this section.

(3) If, on an application under sub-section (2), the Justice of the Peace is
satisfied, by information on oath or affirmation-

   (a)  that there is reasonable ground for believing that-

        (i)    the premises to which the application relates are premises at
               which barley is produced or stored; or

        (ii)   there are, on those premises, any examinable documents; and

   (b)  that the issue of the warrant is reasonably required for the purposes
        of this Act, the Justice of the Peace may grant a warrant authorizing
        the authorized person, with such assistance as he thinks necessary, to
        enter the premises, during such hours of the day or night as the
        warrant specifies or, if the warrant so specifies, at any time, if
        necessary by force, for the purpose of exercising the functions of an
        authorized person under this section.

(4) A warrant under sub-section (3) shall specify a date after which the
warrant ceases to have effect.

(5) Where an authorized person has entered any premises in pursuance of
sub-section (1) or in pursuance of a warrant granted under sub-section (3), he
may exercise the functions of an authorized person under this section.

(6) A person shall not, without reasonable excuse, obstruct or hinder an
authorized person acting in pursuance of sub-section (1) or in pursuance of a
warrant granted under sub-section (3).

Penalty: $1,000.

(7) The functions of an authorized person under this section are-

   (a)  to search for, examine and take stock of any barley; and

   (b)  to search for, inspect, take extracts from and make copies of any
        examinable documents.
(8) In this section, "examinable documents" means-

   (a)  any books, documents or papers relating to financial dealings with
        respect to barley between growers of barley and purchasers of barley;
        or

   (b)  any books, documents or papers relating to the production, storage,
        carriage, delivery, processing, sale, purchase or export of barley. 


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