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Agricultural and Veterinary Chemicals Code Act 1994
131AMonitoring powers—with consent or with warrant
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#### 131A 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 131B(1) and (3) and 131C(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: Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions.