s.34Power of search and seizure
34
Section 34Part 4 — ENFORCING THE CONDUCT OF PUBLIC FILM EXHIBITIONS

Power of search and seizure

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If a trade officer suspects, on reasonable grounds, that a person has committed or is committing an act in contravention of this Law or its regulations, the trade officer may —
require to be produced and examined and take copies of any rating certificate, premises licence or other document required under this Law;
with a warrant, use such force as may be necessary to enter and search any premises that the trade officer reasonably suspects may contain evidence of the commission of an act in contravention of this Law or any of its regulations; and
without a warrant and acting on reasonable suspicion, use such force as may be necessary to enter the premises of a film exhibitor and request the production of a rating certificate or premises licence.
If the trade officer is satisfied, after exercising any of the powers of search and seizure under this section, that there is reasonable evidence of the commission of an act in contravention of this Law, he may seize any film, equipment or any other item that may be used as evidence of the commission of a breach of this Law.
Where a warrant to search any premises is required, the trade officer shall apply to the court or to a justice of the peace and the provisions of the Criminal Procedure Code (2013 Revision) which relate to search warrants shall apply.
The power of search conferred is only a power to search to the extent that it is reasonably required for the purpose for which the power of entry is exercised.
Where access to premises is denied, a trade officer may break and enter those premises to gain access for the purpose of an arrest.
Any person who assaults, obstructs, intimidates, refuses to give his name and address or gives a false name and address to, or gives any other false information to a trade officer in the performance of his duties commits an offence and is liable on summary conviction to a fine of two thousand dollars, to imprisonment for six months, or to both.
A trade officer may, at any time during business hours, without a warrant, carry out inspections of premises, rating certificates and premises licences to ensure that all activities are being conducted in compliance with this Law.
Information acquired by a trade officer in the course of his duties may be supplied to any other law enforcement officer in furtherance of any investigation under this Law.

Cross References