§ 249 — Special information gathering powers

249.—(1) Where —(a)

a food security officer believes on reasonable grounds that an offence or contravention mentioned in section 245(1)(a) has been or is being committed or has occurred or is occurring;

(b)

an authorised officer or a food inspector believes on reasonable grounds that an offence under this Act has been or is being committed, except an offence mentioned in paragraph (a) or a Part 9 offence; or

(c)

a Part 9 enforcement officer believes on reasonable grounds that an offence under this Act as follows has been or is being committed:(i)

a Part 9 offence;

(ii)

an offence under Part 10 involving any Part 9 Regulations,

the investigator concerned may exercise the powers in subsection (2) for the purposes of an investigation into that offence or contravention.

(2) An investigator may, by written order, require any individual whom the investigator reasonably believes to be acquainted with any fact or circumstance relevant to the offence or contravention concerned, to do all or any of the following:(a)

to attend before the same or another investigator to answer any question (to the best of that individual’s knowledge, information and belief) immediately or at a place and time specified in the written order (called in this section an examination);

(b)

to provide information to the same or another similar investigator immediately or at a place and time specified in the written order;

(c)

to provide any document to the same or another investigator for inspection, within the period and in the manner specified in the written order.

(3) The examination must take place in private, and the investigator may give directions as to who may be present during the examination or part thereof.

(4) An investigator may, and must if the individual examined under subsection (2) so requests, record any information provided at the examination by the individual as a statement which is admissible as evidence in any proceedings in connection with any offence under this Act or any contravention involving a civil penalty provision.

(5) The individual questioned under subsection (2)(a) is bound to state truly the facts and circumstances with which the individual is acquainted concerning the case.

(6) A statement made by any individual questioned under subsection (2)(a) must —(a)

be reduced to writing;

(b)

be read over to the person;

(c)

if the person does not understand English, be interpreted in a language that the person understands; and

(d)

after correction (if necessary), be signed by the individual.

(7) An investigator must, if requested in writing by the individual examined under subsection (2) to give to the individual a copy of the written record made under subsection (4), provide a copy of the written record without charge within a reasonable time, subject to any conditions that the investigator may impose.

(8) If any individual fails to attend before the investigator as required by an order under subsection (2)(a), an investigator may report the failure to a Magistrate who may issue a warrant to secure the attendance of that individual as required by the order.

(9) Section 238 applies to an order made under subsection (2)(b) or (c) with the necessary modifications.

—(1) Where —(a)

a food security officer believes on reasonable grounds that an offence or contravention mentioned in section 245(1)(a) has been or is being committed or has occurred or is occurring;

(b)

an authorised officer or a food inspector believes on reasonable grounds that an offence under this Act has been or is being committed, except an offence mentioned in paragraph (a) or a Part 9 offence; or

(c)

a Part 9 enforcement officer believes on reasonable grounds that an offence under this Act as follows has been or is being committed:(i)

a Part 9 offence;

(ii)

an offence under Part 10 involving any Part 9 Regulations,

the investigator concerned may exercise the powers in subsection (2) for the purposes of an investigation into that offence or contravention.

(2) An investigator may, by written order, require any individual whom the investigator reasonably believes to be acquainted with any fact or circumstance relevant to the offence or contravention concerned, to do all or any of the following:(a)

to attend before the same or another investigator to answer any question (to the best of that individual’s knowledge, information and belief) immediately or at a place and time specified in the written order (called in this section an examination);

(b)

to provide information to the same or another similar investigator immediately or at a place and time specified in the written order;

(c)

to provide any document to the same or another investigator for inspection, within the period and in the manner specified in the written order.

(3) The examination must take place in private, and the investigator may give directions as to who may be present during the examination or part thereof.

(4) An investigator may, and must if the individual examined under subsection (2) so requests, record any information provided at the examination by the individual as a statement which is admissible as evidence in any proceedings in connection with any offence under this Act or any contravention involving a civil penalty provision.

(5) The individual questioned under subsection (2)(a) is bound to state truly the facts and circumstances with which the individual is acquainted concerning the case.

(6) A statement made by any individual questioned under subsection (2)(a) must —(a)

be reduced to writing;

(b)

be read over to the person;

(c)

if the person does not understand English, be interpreted in a language that the person understands; and

(d)

after correction (if necessary), be signed by the individual.

(7) An investigator must, if requested in writing by the individual examined under subsection (2) to give to the individual a copy of the written record made under subsection (4), provide a copy of the written record without charge within a reasonable time, subject to any conditions that the investigator may impose.

(8) If any individual fails to attend before the investigator as required by an order under subsection (2)(a), an investigator may report the failure to a Magistrate who may issue a warrant to secure the attendance of that individual as required by the order.

(9) Section 238 applies to an order made under subsection (2)(b) or (c) with the necessary modifications.