DANGEROUS GOODS ACT 1985 - SECT 13D Power to take samples

DANGEROUS GOODS ACT 1985 - SECT 13D

    (1)     An inspector who enters a place under this Subdivision may (without payment)—

        (a)     take samples of any thing at the place that may be required for analysis;

        (b)     require the occupier or master or person in charge or apparently in charge of the place to give the inspector samples of any thing at the place that may be required for analysis;

        (c)     require a person at the place who is in possession of any thing at the place to give the inspector samples of the thing to enable the thing to be analysed.

    (2)     A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1)(b) or (1)(c).

Penalty:     60 penalty units for a natural person;

300 penalty units for a body corporate.

    (3)     If an inspector intends to take a sample, he or she must notify the person who has the management or control of the place for the time being of that intention.

    (4)     Unless it is unsafe to do so, after taking or receiving a sample the inspector must—

        (a)     divide it into as many parts as are necessary, mark, and seal or fasten up, each part in a way that the nature of the sample allows; and

        (b)     if the person who must be notified under subsection (3) requires the inspector to give him or her a part, give one part to that person; and

        (c)     keep one part for future comparison.

    (5)     If it is determined that the sample is to be analysed, the inspector must submit another part to an analyst for that purpose.

Pt 2 Div. 3 Subdiv. 2 (Heading and s. 13E) inserted by No. 31/2005 s. 9.

Subdivision 2—Incident inquiries

S. 13E inserted by No. 31/2005 s. 9.