Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 21V

Monitoring powers

21V. Monitoring powers



(1) The monitoring powers that an inspector may exercise under section
21U(1)(b) are as follows-

   (a)  to search the premises and any thing on the premises;

   (b)  to inspect, examine, take measurements of, conduct tests on, or take
        samples of, any human embryo, other embryo, human egg or thing on the
        premises that relates to this Part;

   (c)  to take photographs, make video or audio recordings or make sketches
        of the premises or any thing on the premises;

   (d)  to inspect any book, record or document on the premises;

   (e)  to take extracts from or make copies of any such book, record or
        document;

   (f)  to take onto the premises such equipment and materials as the
        inspector requires for the purpose of exercising powers in relation to
        the premises;

   (g)  in addition to the powers mentioned in paragraphs (a) to (f), if the
        inspector was authorised to enter the premises by a warrant under
        section 21WA-to require any person in or on the premises to-

   (i)  answer any questions put by the inspector; and

   (ii) produce any book, record or document requested by the inspector.





(2) For the purposes of this Part, monitoring powers include the power to
operate equipment at premises to see whether-

   (a)  the equipment; or

   (b)  a disk, tape or other storage device that-

   (i)  is at the premises; and

   (ii) can be used with the equipment or is associated with it- contains
        information that is relevant to determining whether there has been
        compliance with this Part or the regulations made for the purposes of
        this Part.

(3) If the inspector, after operating equipment at the premises, finds that
the equipment, or that a tape, disk or other storage device at the premises,
contains information mentioned in subsection (2), the inspector may-

   (a)  operate equipment or facilities at the premises to put the information
        in documentary form and copy the document so produced; or

   (b)  if the information can be transferred to a tape, disk or other storage
        device that-

   (i)  is brought to the premises; or

   (ii) is at the premises and the use of which has been agreed to in writing
        by the occupier of the premises- operate the equipment or other
        facilities to copy the information to the storage device, and remove
        the storage device from the premises.