59Authorisation and powers of inspectors

### 59 Authorisation and powers of inspectors > > (1)  [*\[Section 59 Subsection (1) amended by No. 62 of 2005, s. 17, Applied:15 Dec 2005\]*](/view/html/inforce/2005-12-15/act-2005-062#GS17@Hpa@EN) [*\[Section 59 Subsection (1) amended by No. 62 of 2005, s. 17, Applied:15 Dec 2005\]*](/view/html/inforce/2005-12-15/act-2005-062#GS17@Hpb@EN) [*\[Section 59 Subsection (1) substituted by No. 47 of 2010, s. 14, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS14@Hpa@EN) If – > > > > > > (a) the Authority reasonably suspects that a person may be operating a pharmacy business in breach of this Act; or > > > > > > > (b) the Authority reasonably suspects that a person may be operating a pharmacy business from premises that may not be suitable for registration having regard to the matters set out in [section 71E](#GS71E@EN) ; or > > > > > > > (c) the Authority receives a referral of a complaint from the Health Complaints Commissioner; or > > > > > > > (d) the Authority receives a request from a registration Board to inspect any premises; or > > > > > > > (e) premises sought to be registered are being made ready to be used or have been made ready to use for the purposes of a pharmacy business; or > > > > > > > (f) premises registered as pharmacy business premises have been, or are being, renovated or altered; or > > > > > > > (g) the Authority wishes to carry out a random inspection on registered pharmacy business premises for the purposes of auditing those premises against the matters set out in [section 71E](#GS71E@EN)  – > > > > the Authority may, in writing, authorise a person to act as an inspector. > > > (2)  [*\[Section 59 Subsection (2) amended by No. 47 of 2010, s. 14, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS14@Hpb@EN) [*\[Section 59 Subsection (2) amended by No. 62 of 2005, s. 17, Applied:15 Dec 2005\]*](/view/html/inforce/2005-12-15/act-2005-062#GS17@Hpc@EN) On production of the authorisation, the inspector may at any reasonable time enter the relevant premises and do all or any of the following: > > > > > > (a) inspect the premises generally; > > > > > > > (b) require the person apparently in charge of the premises to produce for inspection any document held at the premises; > > > > > > > (c) inspect and take notes of or extracts from any such document; > > > > > > > (d) make a copy of any such document; > > > > > > > (e) ask questions of and require answers from persons on the premises; > > > > > > > (f) take photographs; > > > > > > > (g) open and inspect containers or packages that the inspector reasonably suspects are used for the purpose of, or in connection with, the practice of pharmacy; > > > > > > > (h) examine or test any equipment held on the premises; > > > > > > > (i) [*\[Section 59 Subsection (2) amended by No. 47 of 2010, s. 14, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS14@Hpc@EN) require a person claiming to be a pharmacist to produce evidence of his or her registration as a pharmacist; > > > > > > > (j) [*\[Section 59 Subsection (2) amended by No. 47 of 2010, s. 14, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS14@Hpd@EN) if the inspector reasonably suspects that an offence has been committed against this Act, seize and, on furnishing a receipt, remove anything that in the reasonable opinion of the inspector is evidence of the offence or contravention; > > > > > > > (k) [*\[Section 59 Subsection (2) amended by No. 47 of 2010, s. 14, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS14@Hpe@EN) remove, on furnishing a receipt, any document found on the premises to the custody and control of the Authority for as long as the Authority considers necessary or expedient. > > > (3)  [*\[Section 59 Subsection (3) amended by No. 62 of 2005, s. 17, Applied:15 Dec 2005\]*](/view/html/inforce/2005-12-15/act-2005-062#GS17@Hpd@EN) [*\[Section 59 Subsection (3) substituted by No. 47 of 2010, s. 14, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS14@Hpf@EN) If the Authority is satisfied that for legitimate reasons a person needs access to a document that has been removed from the person's pharmacy business premises to the custody and control of the Authority under [subsection (2)(k)](#GS59@Gs2@Hpk@EN) , the Authority in its discretion may – > > > > > > (a) grant the person reasonable access to the document or to a copy of the document; or > > > > > > > (b) provide the person with a copy or certified copy of the document; or > > > > > > > (c) retain a copy of the document and return the original to the person. > > > (4)  A person must not give, agree to give or offer to an inspector a gift, reward or other inducement to do or abstain from doing anything in relation to an inspection. > > > > Penalty:  Fine not exceeding 25 penalty units. > > > (5)  [*\[Section 59 Subsection (5) substituted by No. 47 of 2010, s. 14, Applied:01 Feb 2011\]*](/view/html/inforce/2011-02-01/act-2010-047#GS14@Hpg@EN) Following an inspection, an inspector is to furnish the Authority with a report – > > > > > > (a) detailing the nature of the inspection; and > > > > > > > (b) containing copies of any photographs or documents and particulars of any test, examination or items seized during the course of the inspection; and > > > > > > > (c) advising any recommendations of the inspector.