Queensland Consolidated Acts

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DRUGS MISUSE ACT 1986 - SECT 43I

43I Environmental health officer may enter person's premises and inspect register and documents

(1) If an environmental health officer suspects on reasonable grounds a person has supplied a controlled substance or controlled thing to anyone else under a relevant transaction, the environmental health officer may enter--

(a) a part of the person's business premises open to the public when the part is open to the public; or
(b) any part of the premises with the person's consent.

(2) An environmental health officer who is lawfully on another person's business premises and suspects on reasonable grounds that the person has supplied a controlled substance or controlled thing to anyone else under a relevant transaction may--

(a) require the person or the person's employee or agent (the supplier) to produce the register and the prescribed documents; and
(b) inspect, take extracts from and make copies of the register or prescribed documents; and
(c) inspect, examine, photograph or film anything stored at the premises that may be a controlled substance or controlled thing; and
(d) require the supplier to give the environmental health officer reasonable help to exercise the powers mentioned in paragraphs (b) and (c).
Example of paragraph (d)--
An environmental health officer may make a reasonable requirement of the supplier to take an extract from and make copies of the register or prescribed documents for the officer.

(3) The supplier must--

(a) produce the register and prescribed documents the environmental health officer has asked for; and
(b) comply with a requirement under subsection (2)(d), unless the supplier has a reasonable excuse for not complying with it.

Maximum penalty for subsection (3)--

(a) for a first offence--20 penalty units; or
(b) for a second or later offence--40 penalty units.


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