TASIn ForceAct
Poisons Act 1971
90Powers of inspectors with respect to licensed premises, &c.
Start here
Get a plain-English read of 90
Turn the raw legal text into a practical explanation grounded in Poisons Act 1971.
### 90 Powers of inspectors with respect to licensed premises, &c.
> *\[Section 90 Substituted by No. 27 of 1984, s. 41 \]*
>
> > (1) For the purpose of ascertaining whether there is or has been a contravention of or a failure to comply with this Act, an inspector may, at any reasonable time, without a warrant, enter premises –
> >
> > > > (a) [*\[Section 90 Subsection (1) amended by No. 40 of 2016, s. 29, Applied:17 Oct 2016\]*](/view/html/inforce/2016-10-17/act-2016-040#GS29@Hpa@EN) [*\[Section 90 Subsection (1) amended by No. 23 of 2022, s. 42, Applied:24 Oct 2022\]*](/view/html/inforce/2022-10-24/act-2022-023#GS42@Hpa@EN) occupied by a person who is, or in the previous 6 months was, the holder of a licence under this Act authorising him to manufacture or distribute a scheduled substance;
> > >
> > > > (b) where –
> > > >
> > > > > > (i) goods are sold on those premises; and
> > > > >
> > > > > > (ii) the inspector believes, on reasonable grounds, that those premises are used for or in connection with the sale or supply of a scheduled substance;
> > >
> > > > (c) [*\[Section 90 Subsection (1) amended by No. 40 of 2016, s. 29, Applied:17 Oct 2016\]*](/view/html/inforce/2016-10-17/act-2016-040#GS29@Hpb@EN) [*\[Section 90 Subsection (1) amended by No. 23 of 2022, s. 42, Applied:24 Oct 2022\]*](/view/html/inforce/2022-10-24/act-2022-023#GS42@Hpc@EN) [*\[Section 90 Subsection (1) amended by No. 23 of 2022, s. 42, Applied:24 Oct 2022\]*](/view/html/inforce/2022-10-24/act-2022-023#GS42@Hpb@EN) occupied by a person who is, or in the previous 6 months was, the holder of a licence under this Act authorising him to have in his possession a scheduled substance or who is otherwise authorised by this Act to have such a substance in his possession;
> > >
> > > > (d) [*\[Section 90 Subsection (1) amended by No. 40 of 2016, s. 29, Applied:17 Oct 2016\]*](/view/html/inforce/2016-10-17/act-2016-040#GS29@Hpc@EN) [*\[Section 90 Subsection (1) amended by No. 23 of 2022, s. 42, Applied:24 Oct 2022\]*](/view/html/inforce/2022-10-24/act-2022-023#GS42@Hpd@EN) occupied by a person who is the holder of a licence under this Act authorising him to grow a prohibited plant; or
> > >
> > > > (e) [*\[Section 90 Subsection (1) amended by No. 23 of 2022, s. 42, Applied:24 Oct 2022\]*](/view/html/inforce/2022-10-24/act-2022-023#GS42@Hpe@EN) in which the making, refining, preparation, possession, or use of a prohibited substance is authorised by this Act.
>
> > (2) An inspector who has entered premises under the power conferred on him by [subsection (1)](#GS90@Gs1@EN) may do all or any of the following things:
> >
> > > > (a) examine any room in, or any part of, the premises and any articles within any such room or part;
> > >
> > > > (b) inspect, check, and make an inventory of any substances or plants kept in any such room or part which he believes on reasonable grounds to be scheduled substances or prohibited plants;
> > >
> > > > (c) require the production of, and inspect and make copies of, any documents relating to dealings with any scheduled substances or prohibited plants kept or that he finds on the premises;
> > >
> > > > (d) require the production of any scheduled substances or prohibited plants kept on the premises;
> > >
> > > > (e) inspect, check, and make an inventory of any substances or plants kept on the premises which he believes on reasonable grounds to be scheduled substances or prohibited plants;
> > >
> > > > (f) on payment or tender of a reasonable price, demand, select, and obtain any sample of any scheduled substance which is on the premises;
> > >
> > > > (g) seize any substance, plant, or document kept or that he finds on the premises, being a substance, plant, or document in relation to which he believes on reasonable grounds there has been a contravention of, or failure to comply with, this Act;
> > >
> > > > (h) detain or remove to some other place any substance, plant, or document so seized.
>
> > (3) An inspector may exercise the powers conferred on him by [subsections (1)](#GS90@Gs1@EN) and [(2)](#GS90@Gs2@EN) with or without assistance.