Victorian Consolidated Legislation

Dangerous Goods Act 1985 - SECT 13D

Power to take samples

13D. Power to take samples



(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.

Subdivision 2-Incident inquiries