Monitoring powers—with consent or with warrant
69EAC Monitoring powers—with consent or with warrant
The following are the monitoring powers that an inspector may exercise in relation to premises:
the power to search the premises and any thing on the premises;
the power to examine or observe any activity conducted on the premises;
the power to inspect, examine, take measurements of or conduct tests on any thing on the premises;
the power to make any still or moving image or any recording of the premises or any thing on the premises;
the power to inspect any document on the premises;
the power to take extracts from, or make copies of, any such document;
the power to take and keep samples of any thing on the premises;
the power to open any container at the premises for the purpose of inspecting, or taking a sample of, its contents provided that the container is resealed after the inspection is made or the sample is taken;
the power to give directions for dealing with a container, or a label on a container, that has been opened or sampled in accordance with paragraph (h);
the power to destroy or make harmless, or give directions for the destruction or making harmless of, a chemical product at the premises;
the power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;
the powers set out in subsections 69EAD(1) and (3) and 69EAE(1).
A person who is given a direction under subsection (1) must comply with the direction.
A person commits an offence of strict liability if the person contravenes subsection (2).
Penalty: 30 penalty units.
For strict liability, see section 6.1 of the Criminal Code.
Subsection (2) is a civil penalty provision.
Part 7AB provides for pecuniary penalties for contraventions of civil penalty provisions.
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