§ 300 — Production of FSSA authorisation

300.—(1) A holder of an FSSA authorisation commits an offence if the holder refuses or fails to show the holder’s FSSA authorisation without delay when requested to do so by any police officer, or an investigator or outsourced enforcement officer duly authorised to do so.(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(3) Where an FSSA authorisation is granted in a digital form, the holder of the FSSA authorisation is taken to have shown the FSSA authorisation for the purpose of complying with a request under subsection (1) if the holder, or an officer of the holder (which is an entity), produces a mobile communication device or other electronic device on which the digital FSSA authorisation is displayed, to the police officer, investigator or outsourced enforcement officer concerned.

(4) However, an FSSA authorisation in digital form is not displayed for the purpose of complying with a request under subsection (1) to produce the FSSA authorisation if —(a)

the screen of the mobile communication device or other electronic device on which it is purportedly displayed is unable to be read by the police officer, investigator or outsourced enforcement officer to whom it is displayed because of cracking, dimming, dirt or any other fault, damage or obstruction;

(b)

the individual holding the mobile communication device or other electronic device fails or refuses to comply with a reasonable request by the police officer, investigator or outsourced enforcement officer to whom it is purported to be displayed to facilitate the reading, copying or scanning of the whole or any part of the FSSA authorisation; or

(c)

the individual holding the mobile communication device or other electronic device refuses to comply with a reasonable direction to refresh the display of the FSSA authorisation in digital form.

(5) To avoid doubt, an individual who displays or purports to display an FSSA authorisation in digital form is not required to give or hand over, to a police officer or an investigator or outsourced enforcement officer who is requiring the FSSA authorisation to be produced, the mobile communication device or other electronic device on which the FSSA authorisation in digital form is displayed or purported to be displayed.

(6) In this section, “investigator” means —(a)

a food security officer;

(b)

an authorised officer;

(c)

a food inspector; or

(d)

a Part 9 enforcement officer.

—(1) A holder of an FSSA authorisation commits an offence if the holder refuses or fails to show the holder’s FSSA authorisation without delay when requested to do so by any police officer, or an investigator or outsourced enforcement officer duly authorised to do so.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(3) Where an FSSA authorisation is granted in a digital form, the holder of the FSSA authorisation is taken to have shown the FSSA authorisation for the purpose of complying with a request under subsection (1) if the holder, or an officer of the holder (which is an entity), produces a mobile communication device or other electronic device on which the digital FSSA authorisation is displayed, to the police officer, investigator or outsourced enforcement officer concerned.

(4) However, an FSSA authorisation in digital form is not displayed for the purpose of complying with a request under subsection (1) to produce the FSSA authorisation if —(a)

the screen of the mobile communication device or other electronic device on which it is purportedly displayed is unable to be read by the police officer, investigator or outsourced enforcement officer to whom it is displayed because of cracking, dimming, dirt or any other fault, damage or obstruction;

(b)

the individual holding the mobile communication device or other electronic device fails or refuses to comply with a reasonable request by the police officer, investigator or outsourced enforcement officer to whom it is purported to be displayed to facilitate the reading, copying or scanning of the whole or any part of the FSSA authorisation; or

(c)

the individual holding the mobile communication device or other electronic device refuses to comply with a reasonable direction to refresh the display of the FSSA authorisation in digital form.

(5) To avoid doubt, an individual who displays or purports to display an FSSA authorisation in digital form is not required to give or hand over, to a police officer or an investigator or outsourced enforcement officer who is requiring the FSSA authorisation to be produced, the mobile communication device or other electronic device on which the FSSA authorisation in digital form is displayed or purported to be displayed.

(6) In this section, “investigator” means —(a)

a food security officer;

(b)

an authorised officer;

(c)

a food inspector; or

(d)

a Part 9 enforcement officer.