Australian Capital Territory Current Acts

MEDICINES, POISONS AND THERAPEUTIC GOODS ACT 2008 - SECT 117

    (1)     This section applies if the medicines and poisons inspector or a person assisting believes on reasonable grounds that—

        (a)     something (the material ) to which the warrant relates may be accessible by operating electronic equipment at the premises; and

        (b)     expert assistance is required to operate the equipment; and

        (c)     the material may be destroyed, altered or otherwise interfered with if the inspector or person does not take action.

    (2)     The medicines and poisons inspector or person assisting may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.

    (3)     The medicines and poisons inspector or a person assisting must give written notice to an occupier of the premises of—

        (a)     the inspector's or person's intention to secure the equipment; and

        (b)     the fact that the equipment may be secured for up to 24 hours.

    (4)     The equipment may be secured until the earlier of the following events happens:

        (a)     the end of the 24-hour period;

        (b)     the equipment is operated by the expert.

    (5)     If the medicines and poisons inspector or a person assisting believes on reasonable grounds that the expert assistance will not be available within the 24-hour period, the inspector or person may apply to a magistrate to extend the period.

    (6)     The medicines and poisons inspector or a person assisting must tell an occupier of the premises of the intention to apply for an extension, and the occupier is entitled to be heard on the application.

    (7)     The provisions of this part relating to the issue of search warrants apply, with any necessary changes, to the giving of an extension under this section.