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Assisted Reproductive Treatment Act 2008
119Powers and duties of Secretary to inspect documents
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119 Powers and duties of Secretary to inspect documents
S. 119(1) amended by No. 39/2024 s. 76(2).
(1) The Secretary may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purpose of determining compliance with a registration under this Act.
S. 119(2) amended by No. 39/2024 s. 76(3).
(2) The Secretary may enter the premises of a registered ART provider at any time during ordinary business hours.
S. 119(2A) inserted by No. 39/2024 s. 76(4).
(2A) If the Secretary delegates the Secretary's power under this section to a person employed in the Department under Part 3 of the **Public Administration Act 2004**, the Secretary must issue an identity card to that person.
See section 19(1) of the **Public Health and Wellbeing Act 2008**.
S. 119(2B) inserted by No. 39/2024 s. 76(4).
(2B) On entering a premises under this section—
(a) the Secretary must advise the occupier of the premises of the purpose of the Secretary's visit; and
(b) if subsection (2A) applies, the Secretary's delegate must produce, on the occupier's request, the delegate's identity card for inspection.
S. 119(3) amended by No. 39/2024 s. 76(5).
(3) After entering premises under subsection (2) the Secretary may—
(a) require a person to produce for inspection a record or other document, including a document containing information required to be kept as a condition of a registration under this Act; and
(b) inspect a document produced under paragraph (a); and
(c) take possession of a document produced under paragraph (a) for so long as is necessary to make copies of or take extracts from the document.
S. 119(4) repealed by No. 39/2024 s. 76(6).
S. 119(5) substituted by No. 39/2024 s. 76(7).
(5) If the Secretary takes possession of a document produced by a person under subsection (3)(a), the Secretary must issue a receipt to the person for the document.
S. 120 amended by No. 39/2024 s. 77.