69EACMonitoring powers—with consent or with warrant

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.