Commonwealth Consolidated Acts

NATIONAL HEALTH SECURITY ACT 2007 - SECT 73

  (1)   This section applies if:

  (a)   an inspector has reasonable grounds for suspecting that there may be on any premises a particular thing in respect of which this Part or regulations made for the purposes of this Part, or the SSBA Standards, have not been complied with; and

  (b)   the inspector considers that it is necessary to exercise powers under this section in order to avoid an imminent risk of death, serious illness, serious injury, or to protect the environment.

  (2)   The inspector may do any of the following:

  (a)   enter the premises;

  (b)   search the premises for the thing;

  (c)   secure the thing, if the inspector finds it on the premises, until a warrant is obtained to seize the thing;

  (d)   if the inspector has reasonable grounds for suspecting that a person has not complied with this Part or regulations made for the purposes of this Part, or the SSBA Standards, in respect of the thing--require the person to take such steps as the inspector considers necessary for the person to comply with this Part or those regulations, or the SSBA Standards;

  (e)   take such steps, or arrange for such steps to be taken, in relation to the thing as the inspector considers appropriate.

  (3)   The inspector may exercise the powers in subsection   (2) only to the extent that it is necessary for the purpose of avoiding an imminent risk of death, serious illness, serious injury or serious damage to the environment.

  (4)   The inspector must not exercise any of the powers in subsection   (2) in relation to premises in a State or Territory unless the inspector has notified a relevant emergency response agency of the State or Territory of the inspector's intention to exercise those powers.

  (5)   If the Secretary incurs costs because of steps reasonably taken, or arranged to be taken, in relation to a thing under paragraph   (2)(e), the owner of the thing is liable to pay to the Commonwealth an amount equal to the costs, and the amount may be recovered by the Commonwealth as a debt due to the Commonwealth.