POISONS AND THERAPEUTIC GOODS ACT 1966 - SECT 43 Powers of entry and seizure

POISONS AND THERAPEUTIC GOODS ACT 1966 - SECT 43

43 Powers of entry and seizure

(1) This section applies to--

(a) regulated 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 regulated goods referred to in paragraph (a).

(2) For the purpose of ascertaining whether the provisions of this Act or the regulations, or any condition of an approval, authority or licence given or issued for the purposes 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, or a condition of an approval, authority or licence given or issued for the purposes of this Act or the regulations, has been committed with respect to those things,

(i) examine any records (including prescriptions), that may be relevant to investigating or auditing compliance with an approval given, or authority or licence issued, for the purposes of Part 4 or with respect to a prescribed restricted substance,

(j) remove any records referred to in paragraph (i).

(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 enter a part of premises used for residential purposes only with the consent of the occupier or in accordance with a search warrant obtained.

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

(a) is in possession of a certificate of identity, and

(b) gives reasonable notice to the occupier of the premises of intention to exercise the power (unless giving notice would defeat the purpose for which it is intended to exercise the power), and

(c) exercises the power at a reasonable time (unless it is being exercised in an emergency), and

(d) produces the certificate of identity if asked to do so by an occupier of the premises, and

(e) uses no more force than is reasonably necessary to exercise the power.

A police officer in uniform is not required to comply with paragraph (a) or (d) when exercising the powers of an inspector conferred by this section.

(6) The owner of the premises is entitled to recover from the Crown as a debt a reasonable amount of compensation for damage caused by an inspector while exercising the power to enter, inspect or search premises.

(7) A person who--

(a) intentionally delays or obstructs an inspector in the exercise of any of the inspector's powers under this Act, or

(b) without reasonable excuse, fails to produce any substance, goods or records that the person is required to produce under this Act,

is guilty of an offence.

: Maximum penalty--20 penalty units.

(8) In this section--


"prescribed restricted substance" means a substance listed in Appendix D to the Poisons and Therapeutic Goods Regulation 2002 .


"production" of a record includes, if the record is not in writing or is not written in English or is not decipherable on sight, production of a statement in English that is decipherable on sight and sets out the contents of the record.


"record" includes any book, account, document, paper or other source of information compiled, recorded or stored in written form, on microfilm, or by electronic process, or in any other manner or by any other means.