Inspection powers in public areas of GEMS business premises
86 Inspection powers in public areas of GEMS business premises
A GEMS inspector may enter a public area of GEMS business premises when the premises are open to the public and exercise the following powers for a purpose referred to in subsection (2):
the power to inspect GEMS products;
the power to purchase any GEMS product that is available for sale;
the power to inspect or collect written information, advertising or any other document that is available, or made available, to the public in relation to GEMS products;
the power to discuss product features of any GEMS products with any person;
the power to observe practices relating to the supply of GEMS products.
A GEMS inspector may only exercise a power under subsection (1) for one or more of the following purposes:
determining whether a provision of this Act has been, or is being, complied with;
determining whether information given in compliance or purported compliance with a provision of this Act is correct;
investigating a possible contravention of a compliance obligation.
The expression this Act has an extended meaning (see the Dictionary in section 5).
Subsection (1) does not affect any right of the occupier of the premises to refuse to allow a GEMS inspector to enter, or remain on, the premises.
Subsection (1) does not limit the powers of a GEMS inspector under the Regulatory Powers Act or any other power of a person to enter a public area of GEMS business premises.
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