Commonwealth Consolidated Acts

NARCOTIC DRUGS ACT 1967 - SECT 24

             (1)  A person appointed by the Minister for Health to be an authorized inspector may, at any reasonable time and on production of his or her instrument of appointment, enter the premises of any person who, in accordance with notice served on him or her under the last preceding section, is for the time being required to keep records and furnish returns and information with respect to any matter, being premises on which drugs are manufactured or the business of a wholesale dealer in drugs is carried on, and may:

                     (a)  examine, take stock of and take samples of any drug on the premises or any substance on the premises from which any drug could be manufactured or which is a by‑product derived from the manufacture of a drug;

                     (b)  inspect any processes of manufacture of any drug carried out on the premises; and

                     (c)  inspect any books, documents or other papers on the premises, and take extracts from, or make copies of, any such books, documents or other papers.

             (2)  A person appointed by the CEO to be an authorized inspector may, at any reasonable time and on production of his or her instrument of appointment, enter any premises at which a licensed manufacturer is, under this Act, licensed to manufacture a drug for the purpose of inspecting the state of those premises or for the purpose of ascertaining what security measures are being taken with respect to any matter concerning which a direction may be given under section 12.

             (3)  A person is guilty of an offence if:

                     (a)  an authorized inspector is acting under subsection (1) or (2); and

                     (b)  the person obstructs or hinders the authorized inspector.

Penalty:  $1,000.

          (3A)  Subsection (3) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (3A). See subsection 13.3(3) of the Criminal Code .

          (3B)  The occupier or person in charge of any premises is guilty of an offence if:

                     (a)  an authorized inspector enters the premises under subsection (1) or (2); and

                     (b)  the occupier or person in charge does not provide the authorized inspector with all reasonable facilities and assistance for the effective exercise of the inspector's powers under that subsection.

Penalty:  $1,000.

          (3C)  Subsection (3B) does not apply if the occupier or person in charge has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (3C). See subsection 13.3(3) of the Criminal Code .

          (3D)  In subsections (3) and (3B), strict liability applies to the physical element of circumstance, that the authorized inspector is acting under subsection (1) or (2).

Note:          For strict liability, see section 6.1 of the Criminal Code .

             (4)  In this section, drug includes narcotic preparation.