Control of Exports Act 2023
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Powers of authorised officer on entry | ||
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58. (1) Where an authorised officer is carrying out a function in accordance with section 57 , he or she may— | ||
(a) at a premises referred to in section 57 (c), request the production of an authorisation or such other documents as the authorised officer reasonably requires, | ||
(b) conduct, or cause to be conducted, such examinations and inspections of— | ||
(i) any relevant item, | ||
(ii) packaging of a relevant item, | ||
(iii) any article or substance used in connection with the manufacture, labelling, packaging or storage of a relevant item, | ||
(iv) production, test or analytical equipment, components, instruction manuals or other technical data related to a relevant item, or | ||
(v) any machinery, plant, records or equipment, including electronic equipment, | ||
found at the premises as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act, | ||
(c) require any person at the premises to— | ||
(i) give to the authorised officer such assistance and information, including access to any electronic information system, and | ||
(ii) produce to the authorised officer— | ||
(I) such labels or packaging relating to relevant items, and | ||
(II) books, documents or other records (and in the case of documents or records stored in non-legible form, a legible reproduction thereof), | ||
that are in that person’s possession or procurement, as the authorised officer may reasonably require for the purposes of his or her functions under this Act, | ||
(d) require any person at the premises to answer such questions as the authorised officer may ask relative to any matter in connection with compliance with this Act, | ||
(e) for the purposes of analysis and examination, take samples of— | ||
(i) any substance or product— | ||
(I) that is a relevant item, or | ||
(II) that he or she has reasonable grounds for believing is a relevant item, | ||
(ii) packaging relating to any such substance or product, or | ||
(iii) any article or substance used in the manufacture, labelling, packaging or storage of any such substance or product, | ||
found at the premises, | ||
(f) direct that any— | ||
(i) substance or product— | ||
(I) that is a relevant item, or | ||
(II) that he or she has reasonable grounds for believing to be a relevant item, | ||
or | ||
(ii) packaging relating to any such substance or product, | ||
that is found at the premises not be moved from the premises without his or her consent, | ||
(g) secure for later inspection a premises entered under section 57 (c) or pursuant to a warrant under section 59 , or any part of the premises, in which— | ||
(i) any substance or product— | ||
(I) that is a relevant item, or | ||
(II) that he or she has reasonable grounds for believing is a relevant item, | ||
(ii) packaging relating to any such substance or product, or | ||
(iii) any article or substance used in the manufacture, labelling, packaging or storage of any such substance or product, | ||
is found or ordinarily kept, for such period as may reasonably be necessary for the purposes of his or her functions under this Act, | ||
(h) take possession of, remove from the premises and retain (for such period as he or she considers reasonably necessary for the purposes of his or her functions under this Act) for examination and analysis— | ||
(i) any substance or product that is a relevant item or that he or she has reasonable grounds for believing is a relevant item, | ||
(ii) packaging relating to any such substance or product, or | ||
(iii) any article or substance used in the manufacture, labelling, packaging or storage of any such substance or product, | ||
found at the premises, | ||
(i) seize any relevant item and mark or otherwise identify it and remove it from the premises, | ||
(j) detain a vehicle, for such reasonable period necessary for the purposes of permitting an inspection or a search under this section either at the premises or at such other location to which the authorised officer requires it to be moved, | ||
(k) at the premises inspect and take copies of any records (including records stored in non-legible form), or extracts therefrom and retain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act, | ||
(l) require any person at the premises, to produce to the authorised officer such books, documents or other records (and in the case of documents or records stored in non-legible form, a legible reproduction thereof) that are in that person’s possession or procurement, or under that person’s control, as he or she may reasonably require for the purposes of his or her functions under this Act, | ||
(m) require any person by or on whose behalf data equipment is or has been used in connection with a relevant activity, or any person having charge of, or otherwise concerned with the operation of, such data equipment or any associated apparatus or material, to afford the authorised officer all reasonable assistance in respect of its use, and | ||
(n) examine with regard to any matter under this Act any person whom the authorised officer has reasonable grounds for believing to be— | ||
(i) a holder of an authorisation, | ||
(ii) employed at the premises concerned by a holder of an authorisation, | ||
(iii) an applicant, or | ||
(iv) involved in carrying out a relevant activity, | ||
and require the person to answer such questions as the authorised officer may ask relative to those matters and to make a declaration of the truth of the answers to those questions. | ||
(2) When carrying out a function under subsection (1), an authorised officer may— | ||
(a) take such photographic or video evidence at the premises as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act, | ||
(b) require a person who apparently has control of, or access to, records, to provide the records, | ||
(c) summon, at any reasonable time, a person— | ||
(i) to give to the authorised officer such information as the authorised officer may reasonably require, | ||
(ii) to provide to the authorised officer any records which the person has control of, or access to, and which the authorised officer may reasonably require, or | ||
(iii) to provide an explanation of a decision, course of action, system or practice or the nature or content of any records provided under this section, | ||
(d) inspect records provided under paragraph (c) or found in the course of searching and inspecting premises, | ||
(e) take copies of or extracts from records so provided or found, | ||
(f) subject to subsection (4), take and retain records so provided or found for the period reasonably required for further examination, | ||
(g) secure, for later inspection, any records so provided or found and any data equipment, including any computer, in which those records may be held, | ||
(h) require a person at the premises to provide an explanation of a decision, course of action, system or practice or the nature or content of any records, | ||
(i) require a person at the premises to provide a report on any matter about which the authorised officer reasonably believes the person has relevant information, | ||
(j) if a person at the premises who is required to provide a particular record is unable to provide it, require the person to state, to the best of that person’s knowledge and belief, where the record is located or from whom it may be obtained, or | ||
(k) require that any information given to an authorised officer under this Part be certified as accurate and complete by such person or persons and in such manner as the authorised officer may require. | ||
(3) Where records are not in legible form, an authorised officer, in the exercise of any of his or her powers under this Part, may— | ||
(a) operate any data equipment, including any computer, or cause any such data equipment or computer to be operated by a person accompanying the authorised officer, and | ||
(b) require any person who appears to the authorised officer to be in a position to facilitate access to the records stored in any data equipment or computer or which can be accessed by the use of that data equipment or computer to give the authorised officer all reasonable assistance in relation to the operation of the data equipment or computer or access to the records stored in it, including— | ||
(i) providing the records to the authorised officer in a form in which they can be taken and in which they are, or can be made, legible and comprehensible, | ||
(ii) giving to the authorised officer any password necessary to make the records concerned legible and comprehensible, or | ||
(iii) otherwise enabling the authorised officer to examine the records in a form in which they are legible and comprehensible. | ||
(4) Where an authorised officer proposes to retain any records taken by the authorised officer pursuant to this section for a period longer than 14 days after the date on which the records are taken, the authorised officer shall, before the end of that period of 14 days, or such longer period as the person concerned may agree, furnish, on request, a copy of the records to the person who it appears to the authorised officer, but for the exercise of the powers under this section, is entitled to possession of it. | ||
(5) A person at the premises shall give to an authorised officer such assistance as the authorised officer may reasonably require and make available to the authorised officer such reasonable facilities as are necessary for the authorised officer to exercise his or her powers under this Part including such facilities for inspecting and taking copies of any records as the authorised officer reasonably requires. | ||
(6) When performing a function under this Act an authorised officer may, subject to any warrant under section 59 , be accompanied by such number of other authorised officers, officers of customs (within the meaning of the Customs Act 2015 ), members of the Garda Síochána as he or she considers appropriate. | ||
(7) An authorised officer shall not enter a dwelling, otherwise than— | ||
(a) with the consent of the occupier, or | ||
(b) pursuant to a warrant under section 59 . | ||
(8) Where an authorised officer believes, upon reasonable grounds, that a person has committed an offence under this Act, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides and documentary confirmation thereof. | ||
(9) A statement or admission made by a person pursuant to a requirement under paragraph (c)(i), (d) or (n) of subsection (1), paragraph (c)(i), (h), (i), (j) or (k) of subsection (2) or subsection (3)(b) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under section 69 or 70 ). | ||
(10) In this section— | ||
“person at the premises” may include the owner or person in charge of the premises or any person employed at the premises; | ||
“person in charge” in relation to a premises means— | ||
(a) the person under whose direction and control any activities at that premises are being conducted, or | ||
(b) the person whom the authorised officer reasonably believes to be directing and controlling any activities taking place at that premises. |