Powers of entry, search and seizure Section 19: Powers of examination etc.
This section enables a police or customs officer, when acting in accordance with a power of search conferred by sections 15 to 18, to examine anything in the vehicle or vessel or on a premises. Such examination may extend to measuring or testing anything that the police or customs officer has the power, under this section, to examine. As part of this measuring or testing, subsection (4) allows the police or customs officer to take a sample from an item as long as such an action causes no, or the least possible, damage to the item. The power to measure or test items, including taking a sample, would, for example, help to determine if the item in question is elephant ivory, and thus subject to the prohibition and if the item needs to be seized and/or an offence has been committed. This would, for example help in avoiding unnecessary seizures. Subsection (6) places a duty on any person in or on the premises to facilitate or assist the exercise of the officer's powers under sections 15 to 18, for example, to open any locked container. If there is no such person on the premises to assist in such manner or that person refuses to do so, subsection (5) confers a power on a police or customs officer to use force to break open a container or other locked thing (for example, a locked store room). This power is restricted to circumstances in which the officer is satisfied that it is necessary to take such an action in order to determine if a relevant offence, as defined under section 14(4) has been committed or in order to investigate a relevant offence.