Therapeutic Goods Act 1989

The powers an authorised person may exercise under paragraphs 46(1)(b) and 47(1)(b) are as follows:

to search the premises and any thing on the premises;

to examine or observe any activity conducted on the premises;

to inspect, examine, take measurements of, conduct tests on or take samples of any therapeutic goods or vaping goods on the premises or any thing on the premises that relates to any therapeutic goods or vaping goods;

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

if the authorised person was only authorised to enter the premises because the occupier of the premises consented to the entry—to require the occupier to:

answer any questions put by the authorised person; and

produce any book, record or document requested by the authorised person;

if the authorised person was authorised to enter the premises by a warrant under section 49 or 50—to require any person in or on the premises to:

answer any questions put by the authorised person; and

produce any book, record or document requested by the authorised person;

to inspect any book, record or document on the premises;

to take extracts from or make copies of any such book, record or document;

to take onto the premises such equipment and materials as the authorised person requires for the purpose of exercising powers in relation to the premises.

A person must not refuse or fail to comply with a requirement under paragraph (1)(e).

Subsection (3) does not apply if the person has a reasonable excuse.

The defendant bears an evidential burden in relation to the matter in subsection (3A). See subsection 13.3(3) of the Criminal Code.

It is a reasonable excuse for a person to refuse or fail to answer a question or produce a document if answering the question, or producing the document, would tend to incriminate the person.