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s 78

Powers upon entry

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Part 5Inspection and analysis
Division 5.2Authorised officers’ powers

78 Powers upon entry

Subject to this Act, where an authorised officer enters any place in accordance with this Act, the officer may, if they consider it to be necessary or desirable for the purposes of this Act—

(a)

inspect, examine, take measurements in relation to, or conduct tests concerning, the place or any system of work, plant, substance or thing at the place; and

(b)

inspect and test, or remove for testing, any container, equipment or appliance at the place; and

(c)

inspect and test, or remove for testing, any material or substance; and

(d)

open or require a person to open any container or package, and examine the container or package; and

(e)

take photographs or make video or sound recordings or films; and

(f)

seize anything (including records, documents, packaging material, labels or labelling material and material used in connection with advertising) that the authorised officer has reasonable grounds for believing to be connected with an offence against this Act; and

(g)

require the occupier to make available to the authorised officer any record, document, labelling or advertising material; and

(h)

where information required for the purposes of the inspection is stored on computer or other electronic equipment—require the occupier to produce the information in a visible or audible form; and

(i)

inspect, make copies of and take extracts from any record, document or information, being information referred to in paragraph (h); and

(j)

require the occupier to provide information or answer questions reasonably related to the effect of the use of the place on public health; and

(k)

require the occupier to render such assistance to the authorised officer as is necessary and reasonable to enable the authorised officer to exercise their powers under this section; and

(l)

stop, detain and inspect any vehicle, vessel or aircraft that the authorised officer has reasonable grounds for believing to have in or upon it anything connected with an offence against this Act.

Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4).

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