33CPowers of product safety officers

1. A product safety officer may enter and inspect a place (not being a dwellinghouse) without a warrant if—

2. the product safety officer believes on reasonable grounds that—
   1. certain goods are unsafe (suspect goods); and
   2. the suspect goods are supplied at, or dispatched from, the place; and
3. the entry and inspection is for the purpose of ascertaining, or taking steps to ascertain, whether the suspect goods are in fact unsafe.

4. While at the place, a product safety officer may, for the purpose described in subsection (1), do any of the following:

5. with respect to any goods at the place that are available to consumers for supply or are dispatched for supply to consumers, inspect the goods, photograph them, and purchase them at the price for which they are currently offered for sale:
6. require the person who appears at the time to be in charge of the supply or dispatch of goods at the place (the person in charge) to give his or her name and show to the product safety officer identification sufficient to confirm that the name given is correct:
7. require the person in charge to identify the person from whom the suspect goods were acquired:
8. if suspect goods have, within a specified period, been supplied in trade to another person other than by retail, require the person in charge to identify the person or persons to whom they have been supplied during that period:
9. require any person by whom suspect goods are carried for delivery pursuant to, or in connection with, a contract of sale to give—
   1. his or her name and address; and
   2. the name and address of his or her employer (if any); and
   3. the name and address of the owner of the goods, if known.

10. If a product safety officer enters a dwellinghouse with the permission of the occupier or under a warrant issued under subsection (4), the product safety officer may, for the purpose described in subsection (1)(b), exercise the powers listed in subsection (2).

11. An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a warrant authorising a product safety officer to enter a dwellinghouse if the issuing officer is satisfied, on application made in accordance with subsection (5), that there are reasonable grounds for believing that it is necessary for the product safety officer to enter the dwellinghouse for the purpose of ascertaining—

12. whether there are any suspect goods at the dwellinghouse that are or may be available to consumers for supply, or are or may be being dispatched for supply to consumers; and
13. if there are, whether the goods are unsafe.

14. The application for a warrant must be made in writing in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012.

15. Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) applies.