AustLII Tasmanian Numbered Acts

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FOOD ACT 1998 (NO. 30 OF 1998) - SECT 22

Division 4 - Powers of councils and authorised officers Entry, inspection and seizure

(1)  For the purpose of this Act, a council or an authorised officer may at any reasonable time –
(a) enter, remain in and inspect any area, premises, body of water or vehicle; and
(b) inspect any thing found in or on any area, premises, body of water or vehicle; and
(c) mark, fasten, secure, take and remove a sample of any thing found in or on any area, premises, body of water or vehicle; and
(d) open any container, receptacle or package found in or on any area, premises, body of water or vehicle; and
(e) weigh, count, measure or gauge any thing found in or on the area, premises, body of water or vehicle; and
(f) seize any food, thing or record found in or on any area, premises, body of water or vehicle; and
(g) take any thing or record found in or on any area, premises, body of water or vehicle for the purpose of copying it; and
(h) seal any area, premises, body of water or vehicle.
(2)  A council or an authorised officer, other than the Director, may exercise a power under this section only if the council or officer –
(a) provides a certificate of authority when requested by the owner of the area, premises, body of water or vehicle; and
(b) gives reasonable notice unless notice would defeat the purpose of the intended exercise of the power; and
(c) uses no more force than is necessary to exercise the power.
(3)  A council or an authorised person may require a police officer to assist in exercising any power under this section.
(4)  A council or an authorised person, by notice in writing served on the owner of any thing seized under this section, must notify –
(a) the details of the thing seized; and
(b) the place to which the thing has been taken.



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