Australian Capital Territory Consolidated Acts

HUMAN CLONING AND EMBRYO RESEARCH ACT 2004 - SECT 45

    (1)     The monitoring powers that an inspector may exercise under section 44 (1) (b) are as follows:

        (a)     to search the premises and anything on the premises;

        (b)     to inspect, examine, take measurements of, conduct tests on, or take samples of, any human embryo, other embryo, human egg or thing on the premises that relates to this Act;

        (c)     to take photographs, make video or audio recordings or make sketches of the premises or anything on the premises;

        (d)     to inspect any book, record or document on the premises;

        (e)     to take extracts from or make copies of any such book, record or document;

        (f)     to take onto the premises the equipment and materials that the inspector requires to exercise powers in relation to the premises;

        (g)     in addition to the powers mentioned in paragraphs (a) to (f), if the inspector was authorised to enter the premises by a warrant under section 46A—to require any person in or on the premises to—

              (i)     answer any questions put by the inspector; and

              (ii)     produce any book, record or document requested by the inspector.

Note     The Legislation Act, s 170 and s 171 deal with the application of the privilege against self incrimination and client legal privilege.

    (2)     For this part, monitoring powers include the power to operate equipment at premises to see whether—

        (a)     the equipment; or

        (b)     a disk, tape or other storage device that—

              (i)     is at the premises; and

              (ii)     can be used with the equipment or is associated with it;

contains information that is relevant to deciding whether there has been compliance with this Act.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

    (3)     If the inspector, after operating equipment at the premises, finds that the equipment, or that a disk, tape or other storage device at the premises, contains information mentioned in subsection (2), the inspector may—

        (a)     operate equipment or facilities at the premises to put the information in documentary form and copy the document produced; or

        (b)     if the information can be transferred to a tape, disk or other storage device that—

              (i)     is brought to the premises; or

              (ii)     is at the premises and the use of which has been agreed to in writing by the occupier of the premises;

operate the equipment or other facilities to copy the information to the storage device, and remove the storage device from the premises.