Northern Territory Consolidated Acts

THERAPEUTIC GOODS AND COSMETICS ACT - SECT 10

    (1)     For the purposes of this section, "goods" means goods that:

        (a)     are:

            (i)     therapeutic goods or cosmetics; and

            (ii)     for sale or are, whether or not the goods are to be the subject of further manufacture, intended for sale; or

        (b)     an inspector believes, on reasonable grounds, to be goods referred to in paragraph (a),

but does not apply to or in relation to goods or classes of goods prescribed as exempt from the operation of this section.

    (2)     An inspector may, in order to ascertain whether, at a particular time, this Act is or was being complied with or whether a contravention of this Act is occurring or has occurred, on production of his certificate of appointment:

        (a)     enter, at a reasonable time, premises that he believes, on reasonable grounds, are used for or in relation to the manufacture, distribution, conveyance, storage, handling, sale or supply of goods and inspect and search those premises;

        (b)     require the production of, and inspect and make copies of, or take extracts from, books or documents relating to the manufacture of or dealings in goods that are kept or that he finds on those premises;

        (c)     require the production of goods that are kept or that he finds on those premises;

        (d)     open and examine a container or package that is kept or that he finds on those premises and that he believes, on reasonable grounds, may contain goods;

        (e)     examine goods that are kept or that he finds on those premises;

        (f)     procure and remove for analysis samples of goods that are kept or that he finds on those premises; and

        (g)     subject to subsection (3), seize goods that are kept or that he finds on those premises.

    (3)     Without affecting the powers under subsection (2)(f) of an inspector, an inspector shall not seize under subsection (2)(g) goods:

        (a)     unless the inspector believes, on reasonable grounds, that, in relation to those goods, a contravention of or a failure to comply with this Act is occurring or has occurred at a particular time; and

        (b)     in the case of goods that are in the possession, care, custody or control of a manufacturer of those goods, unless the inspector also believes, on reasonable grounds, that those goods are for sale or are, without further manufacture other than packaging or labelling, intended for sale.