FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 (REPEALED)

PART 4 - AUDIT POWERS  

DIVISION 2 - AUDIT POWERS OF AUTHORISED OFFICERS ACTING WITHOUT WARRANT  

SECTION 25 (Repealed by 74 of 2006)   EXERCISE OF QUESTIONING POWERS AND PRELIMINARY AUDIT POWERS  

25(1)
An authorised person is not entitled:

(a) to ask questions of a person, or request a person to produce fuel records, under section 21 ; or

(b) to enter premises under section 22 and to exercise preliminary audit powers on those premises; or

(c) to stop and board a vehicle under section 23 and to exercise preliminary audit powers in relation to that vehicle; or

(d) to stop and board a vessel under section 24 and to exercise preliminary audit powers in relation to that vessel;

unless the authorised officer produces his or her identity card to the person referred to in paragraph (a) to the occupier or other person apparently representing the occupier of the premises, or to the person in charge, or apparently in charge, of the vehicle or vessel, as the case requires.

25(2)
Before obtaining the consent of a person for the purposes of this section, the authorised officer must inform the person that he or she may refuse to give consent.

25(3)
The entry of premises, the boarding of a vehicle or vessel, and the exercise of preliminary audit powers on those premises or that vehicle or vessel by an authorised officer by virtue of the consent of a person is not lawful unless the person voluntarily consented to the entry or boarding, and to the exercise of those powers.