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COMMONWEALTHAct
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s 69EAC

Monitoring powers—with consent or with warrant

In force
Part 7AAInvestigative powers
Division 1Monitoring
Subdivision AMonitoring powers etc.

69EAC Monitoring powers—with consent or with warrant

(1)

The following are the monitoring powers that an inspector may exercise in relation to premises:

(a)

the power to search the premises and any thing on the premises;

(b)

the power to examine or observe any activity conducted on the premises;

(c)

the power to inspect, examine, take measurements of or conduct tests on any thing on the premises;

(d)

the power to make any still or moving image or any recording of the premises or any thing on the premises;

(e)

the power to inspect any document on the premises;

(f)

the power to take extracts from, or make copies of, any such document;

(g)

the power to take and keep samples of any thing on the premises;

(h)

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;

(i)

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);

(j)

the power to destroy or make harmless, or give directions for the destruction or making harmless of, a chemical product at the premises;

(k)

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;

(l)

the powers set out in subsections 69EAD(1) and (3) and 69EAE(1).

(2)

A person who is given a direction under subsection (1) must comply with the direction.

(3)

A person commits an offence of strict liability if the person contravenes subsection (2).

Penalty: 30 penalty units.

Note:

For strict liability, see section 6.1 of the Criminal Code.

(4)

Subsection (2) is a civil penalty provision.

Note:

Part 7AB provides for pecuniary penalties for contraventions of civil penalty provisions.

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