Assisted Reproductive Technology Act 2024

An authorised person who enters premises under this division may do 1 or more of the following in relation to the premises or anything at the premises:

examine anything;

take a measurement or conduct a test;

take a sample;

take images, make audio or video recordings or any other kind of record;

if reasonably required for an authorised person to exercise a power under this division, direct the occupier of the premises, or anyone at the premises, to do 1 or more of the following:

give information, a document or other thing (including information, a document or thing that is not at the premises);

produce a document or other thing (including a document or other thing that is not at the premises);

answer a question;

give the authorised person reasonable help to exercise a power under this part.

The Legislation Act, s 171 deals with the application of client legal privilege.

A person must take all reasonable steps to comply with a direction given under subsection (1) (e).

Subsection (2) does not apply in relation to a direction given to a person under subsection (1) (e) (i), (ii) and (iii) unless, before giving the direction, the authorised person—

complies with section 92 (Requirements before certain powers can be exercised); and

explains the effect of section 93 (Privilege against self‑incrimination does not apply) to the person.

The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).