Gene Technology Act 2003

If an inspector believes on reasonable grounds that—

information relevant to deciding whether there has been compliance with this Act, or evidential material, may be accessible by operating a thing at particular premises; and

expert assistance is required to operate the thing; and

the information or material may be destroyed, altered or otherwise interfered with if the inspector does not take action under this subsection;

the inspector may do whatever is necessary to secure the thing, whether by locking it up, placing it under guard or otherwise.

The inspector must give notice to the occupier of the premises of the inspector’s intention to secure the thing and of the fact that the thing may be secured for up to 24 hours.

The thing may be secured—

for a period of not longer than 24 hours; or

until the thing has been operated by the expert;

whichever happens first.

If the inspector believes, on reasonable grounds, that the expert assistance will not be available within 24 hours, the inspector may apply to the Magistrates Court for an extension of the period.

The inspector must give notice to the occupier of the premises of the inspector’s intention to apply for an extension, and the occupier is entitled to be heard on the application.

Division 11.6 Emergency powers