South Australian Consolidated Acts

FAIR TRADING ACT 1987 - SECT 78

78—Entry and inspection

        (1)         For the purposes of this Act or any related Act, an authorised officer may at any reasonable time—

            (a)         enter and search any premises; and

            (b)         stop, enter and search any vessel or vehicle; and

            (c)         open any container, package or other item found in the premises, vessel or vehicle; and

            (d)         make any inspection; and

            (e)         conduct any analysis or test; and

            (f)         take any samples; and

            (g)         examine, copy and take extracts from any books or documents; and

            (h)         take any books or documents; and

                  (i)         seize and remove anything that constitutes evidence of an offence against this Act or a related Act; and

            (j)         on payment or tender of a reasonable price for any goods found in any premises, vessel or vehicle—remove the goods from the premises, vessel or vehicle; and

            (k)         take photographs, films or video recordings; and

            (l)         take measurements and make notes; and

            (m)         give directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration, operation or enforcement of this Act or a related Act.

        (2)         A person who, without reasonable excuse, fails to comply with a direction of an authorised officer under this section is guilty of an offence.

Maximum penalty: $20 000.

        (3)         The powers conferred by subsection (1) must be exercised so as to avoid any unnecessary disruption of, or interference with, the conduct of business or performance of work.