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Powers of authorised person.
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13.—(1) An authorised person shall, for any purpose connected with this Act, be entitled, at all reasonable times, to enter any premises and to bring therein such other persons (including members of the Garda Síochána) or equipment as he may consider necessary for the purpose.
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(2) Subject to subsection (6), an authorised person shall not, other than with the consent of the occupier, enter into a private dwelling unless he has given to the occupier of the dwelling not less than 24 hours notice in writing of his intended entry.
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(3) Every authorised person shall be furnished with a certificate of his appointment and, when exercising any power conferred on him by or under this Act, the authorised person shall, if requested by any person affected, produce the certificate to that person.
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(4) Whenever an authorised person enters any premises pursuant to this section, he may therein—
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(a) make such plans, take such photographs and carry out such inspections,
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(b) make such tests and take such samples,
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(c) require from the occupier of the premises or any person employed on the premises or from any other person on the premises such information, or
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(d) inspect such plant, vehicles, records and documents,
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as he, having regard to all the circumstances, considers necessary for the purposes of, and exercising any power conferred on him by or under, this Act.
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(5) Any person who—
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(a) refuses to allow an authorised person to enter any premises or to take any person or equipment with him in the exercise of his powers under this section,
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(b) obstructs or impedes an authorised person in the exercise of any of the powers conferred on him by this section,
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(c) gives, either to an authorised person or to the Agency, information which is false or misleading in a material respect, or
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(d) fails or refuses to comply with any requirement of this section,
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shall be guilty of an offence.
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(6) Where an authorised person in the exercise of his powers under this section is prevented from entering any premises, or where he has reason to believe that evidence related to a suspected offence under this Act may be removed or destroyed, the authorised person or the person by whom he was appointed may apply to the District Court for a warrant authorising such entry.
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(7) The Minister may make regulations for the purposes of this section.
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(8) Without prejudice to the generality of subsection (7), regulations under this section may provide for all or any of the following matters—
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(a) the taking of samples and the carrying out of tests, examinations and analyses,
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(b) the specification of the classes of persons to be responsible for taking such samples and for the carrying out of such tests, examinations and analyses, or
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(c) the specification of the certificate or other evidence to be given of the result of any such test, examination or analysis and the class or classes of person by whom such certificate or evidence is to be given.
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(9) Any certificate or other evidence given or to be given in respect of any prescribed test, examination or analysis of any sample shall in relation to that sample be evidence, without further proof, of the result of the test, examination or analysis unless the contrary is shown.
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