|
|
Powers of authorised officers.
|
8.—(1) The Minister may appoint officers of the Minister to be authorised officers for the purposes of this Act.
|
|
| |
(2) An authorised officer may—
|
|
| |
(a) enter, inspect and examine any place or premises where he has reasonable cause to believe that occasional trading is being engaged in,
|
|
| |
(b) take with him a member of the Garda Síochána if he has reasonable cause to apprehend any serious obstruction in the execution of his duty,
|
|
| |
(c) require any person whom he has reasonable cause to believe to be engaging in occasional trading—
|
|
| |
(i) to produce, if it is not being displayed, an occasional trading permit authorising such trading, and
|
|
| |
(ii) if he fails, neglects or refuses to produce such a permit in a case in which it is not being displayed, to furnish to the officer his name and address, and, if he is the servant or agent of another person, the name and address of that other person,
|
|
| |
(d) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are being complied with,
|
|
| |
(e) require any person whom he has reasonable cause to believe to be engaging in occasional trading in contravention of this Act to give such information as is in his power to give as to the ownership of any goods being sold in the course of, or used for the purpose of, such trading,
|
|
| |
(f) require any person whom he has reasonable cause to believe to be engaging in occasional trading in contravention of this Act to produce to him documents, books or records relating to such trading in his power, possession or control and give to him such information as he may request in relation to entries in those documents, books or records and examine, copy or take extracts from any such document, book or record.
|
|
| |
(3) A person shall not obstruct or interfere with, or give false information to, an authorised officer in the performance of his functions under this Act.
|
|
| |
(4) (a) A person shall not fail, refuse or neglect to comply with a requirement of an authorised officer under this section.
|
|
| |
(b) A person shall be deemed not to have failed or refused to comply with a requirement of an authorised officer under this section to produce an occasional trading permit if he gives to the officer his name and address and, if he is the servant or agent of another person, the name and address of that other person.
|
|
| |
(5) (a) A person who contravenes subsection (3) or (4) of this section shall be guilty of an offence.
|
|
| |
(b) It shall be a defence for a person charged with an offence under this section in relation to the giving of false information to an authorised officer to show that he did not know and could not, with the exercise of reasonable care, have known that the information was false.
|
|
| |
(6) An authorised officer shall be furnished with a certificate of his appointment and when performing any function under this Act shall, if so required, produce the certificate to any person affected.
|
