28Powers of entry and seizure

28 Powers of entry and seizure

(1)  This section applies to –

(a) therapeutic goods that are for supply or are (whether or not the goods are to be the subject of further manufacture) intended for supply; or

(b) goods that an inspector reasonably believes to be therapeutic goods referred to in paragraph (a) .

(2)  For the purpose of ascertaining whether the provisions of this Act or the regulations are being complied with, an inspector may do any of the following:

(a) enter any premises that the inspector reasonably believes to be used in or in connection with the manufacture, distribution, conveyance, storage, handling or supply of goods to which this section applies;

(b) search those premises;

(c) require the production of stocks of any such goods that are kept on those premises and any record relating to the keeping of, or dealings with, those stocks;

(d) inspect stocks, and inspect and make copies of a record, or part of a record, produced in accordance with such a requirement or found on the premises;

(e) open and examine any receptacle, container or package that the inspector reasonably believes may contain any such goods;

(f) examine any such goods;

(g) seize and remove for analysis portions or samples of any such goods;

(h) seize and detain any things found on those premises if the inspector reasonably believes that a contravention of this Act or the regulations has been committed with respect to those things.

(3)  The power conferred by subsection (2)(g) or (h) to seize goods or things includes a power to remove the goods or things from the premises where they were seized.

(4)  An inspector may not enter a part of premises used for residential purposes without the consent of the occupier or unless in accordance with a search warrant issued under section 29 .

(5)  An inspector must not exercise a power conferred by this section unless the inspector –