HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 54

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 54

54 .         Powers of authorised officers

        (1)         An authorised officer, at any time, may —

            (a)         enter and inspect any premises on which that person has reasonable cause to believe —

                  (i)         any human egg undergoing fertilisation or human embryo is kept; or

                  (ii)         any human gametes intended for use in an artificial fertilisation procedure, not being sperm derived from only one man, are kept; or

                  (iii)         any artificial fertilisation procedure is being, has been or is likely to be carried out; or

                  (iv)         any research is being, has been or is likely to be conducted, upon or with human gametes or participants or any human egg undergoing fertilisation or human embryo; or

                  (v)         an offence under this Act has been, is being or is likely to be, committed,

                and inspect any equipment, examine any records, and take possession or an account of any human gametes, human egg undergoing fertilisation or human embryo, there; and

            (b)         require any licensee, or any person who is apparently in a position to do so, to —

                  (i)         provide any record or other information, or any assistance, reasonably required by the authorised officer relating to any matter with respect to activities to which this Act may apply carried on at any such premises; and

                  (ii)         answer any question put to that person by the authorised officer on such a matter;

                and

            (c)         require any person having possession of records relevant to a reproductive technology practice conducted under a licence or pursuant to an exemption, or to transactions involving the possession or use of human gametes, a human egg undergoing fertilisation or a human embryo, to produce those records for inspection.

        (2)         An authorised officer may —

            (a)         examine any record found or produced under this section; and

            (b)         in the case of any record kept otherwise than in a readily intelligible format, require a person having the power to do so to produce the record in a legible form; and

            (c)         make copies of, or take extracts from, any such record; and

            (d)         take possession of and retain any such record for such reasonable period as may be necessary for the purposes of this Act,

                but shall endeavour to ensure that, so far as is practicable, the confidentiality of the record or any other record to which this Act applies is not thereby prejudiced.

        (3)         An authorised officer entering and inspecting premises to which subsection (1) relates may —

            (a)         take possession of anything which that officer has reasonable grounds to believe may be required —

                  (i)         for the purpose of the functions of the CEO relating to the grant, variation and suspension of licences; or

                  (ii)         for the purpose of being used in evidence in any disciplinary proceedings or proceedings for an offence under this Act,

                and retain it for so long as it may be required for that purpose; and

            (b)         for that purpose, take such steps as appear to be necessary for preserving any such thing or preventing interference with it, including requiring any person having the power to do so to give such assistance as may reasonably be required.

        (4)         A person is not excused from complying with a requirement under this section to answer any question or producing any thing on the ground that the answer to a question put to the person or the production of that thing might incriminate the person or render the person liable to a penalty, but an answer given by a person pursuant to a requirement under this section is not admissible in evidence against the person in any civil proceedings or in any proceedings for an offence other than —

            (a)         under this Act; or

            (b)         perjury; or

            (c)         an offence arising out of the false or misleading nature of that answer.

        (5)         A person who discloses to an authorised person under this section information that would otherwise be confidential shall not be taken to have committed thereby any breach of a principle of professional ethics.

        (6)         Notwithstanding anything in this section to the contrary, the powers conferred hereunder shall only be exercised at reasonable times and at reasonable intervals unless the authorised officer has good grounds or a reasonable belief for doing otherwise and has prior to exercising the powers other than at reasonable times and intervals recorded his grounds or beliefs in writing and signed that record and had his signature witnessed in writing, noting the date and time of signature. The authorised officer shall place his record of grounds upon a register kept by the CEO for that purpose as soon as practicable.

        (7)         A person who —

            (a)         hinders an authorised officer in the exercise of powers conferred by this section; or

            (b)         fails, without reasonable excuse, to comply with a requirement of an authorised officer under this section; or

            (c)         fails, without reasonable excuse, to answer, to the best of the knowledge, information and belief of that person, a question put to that person by an authorised officer; or

            (d)         impersonates an authorised officer,

                commits an offence.

        Penalty: $5 000.

        [Section 54 amended: No. 17 of 2004 s. 37; No. 55 of 2004 s. 538 and 540; No. 28 of 2006 s. 270(1).]