Gene Technology Act 2003

This section applies if—

an inspector has reasonable grounds for suspecting that there may be on any premises a particular thing in relation to which this Act has not been complied with; and

the inspector considers that it is necessary to exercise powers under this section to avoid an imminent risk of death, serious illness, serious injury, or to protect the environment.

The inspector may do any of the following:

enter the premises;

search the premises for the thing;

secure the thing, if the inspector finds it on the premises, until a warrant is obtained to seize the thing;

if the inspector has reasonable grounds for suspecting that a person has not complied with this Act in relation to the thing—require the person to take the steps the inspector considers necessary for the person to comply with this Act;

take the steps, or arrange for the steps to be taken, in relation to the thing that the inspector considers appropriate.

The inspector may exercise the powers under subsection (2) only to the extent that it is necessary for avoiding an imminent risk of death, serious illness, serious injury or serious damage to the environment.

If the regulator incurs costs because of steps reasonably taken or arranged to be taken by an inspector under subsection (2) (e), the person is liable to pay to the Territory an amount equal to the cost.

An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).