Commonwealth Consolidated Acts

AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 - SECT 69EBA

  (1)   The following are the investigation powers that an inspector may exercise in relation to premises under section   69EB:

  (a)   if entry to the premises is with the occupier's consent--the power to search the premises and any thing on the premises for the evidential material the inspector has reasonable grounds for suspecting may be on the premises;

  (b)   if entry to the premises is under an investigation warrant:

  (i)   the power to search the premises and any thing on the premises for the kind of evidential material specified in the warrant; and

  (ii)   the power to seize evidential material of that kind if the inspector finds it on the premises;

  (c)   the power to inspect, examine, take measurements of, and conduct tests on evidential material referred to in paragraph   (a) or (b);

  (d)   the power to make any still or moving image or any recording of the premises or evidential material referred to in paragraph   (a) or (b);

  (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   69EBB(1) and (2) and subsections   69EBC(2) and (3).

  (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:   Part   7AB provides for pecuniary penalties for contraventions of civil penalty provisions.