Searches and seizures on public health grounds
46B Searches and seizures on public health grounds
Subject to subsection (2), if an authorised person has reasonable grounds for suspecting that:
there may be on any premises a particular thing in respect of which this Act or the regulations have not been complied with; and
it is necessary in the interests of public health to exercise powers under this section in order to avoid an imminent risk of death, serious illness or serious injury;
the authorised person may, to the extent that it is reasonably necessary for the purpose of avoiding an imminent risk of death, serious illness or serious injury, enter the premises and do any of the following:
search the premises for the thing;
if the authorised person finds the thing on the premises—seize it.
An authorised person is not entitled to exercise any powers under subsection (1) in relation to premises if:
the occupier of the premises has required the authorised person to produce his or her identity card for inspection by the occupier; and
the authorised person fails to comply with the requirement.
This provision refers to the regulations (the regulations
). Made under this Act:
- Therapeutic Goods (Medical Devices) Regulations 2002 · under s 63
- Therapeutic Goods Regulations 1990 · under s 63
5 more instruments made under this Act are listed on the Act’s overview.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.