Section 41: Powers of examination, etc
This section enables a relevant enforcement officer, when searching a vehicle or vessel (with or without a warrant) or any premises (under a warrant), to examine anything in the vehicle or vessel or on the premises. Such examination may extend to testing substances found (subsection (3)). The ability to test such a substance, for example to determine whether or not it is a psychoactive substance, will help avoid unnecessary seizures. Subsection (6) places a duty on any person in or on the premises to facilitate or assist the exercise of an officer's powers under sections 37 to 39 or under this section, 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 relevant enforcement officer to use force to break open a container or other locked thing (for example, a locked store room).