Commonwealth Consolidated Regulations

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THERAPEUTIC GOODS REGULATIONS 1990 - REG 12AC

Powers of authorised officers in relation to goods imported etc for experimental uses

             (1)  An authorised officer may, in relation to a clinical trial mentioned in regulation 12AB or column 2 of item 3 of the table in Schedule 5A:

                     (a)  enter a site of the trial; and

                     (b)  search the site and any thing on the site; and

                     (c)  inspect, examine, take measurements of, or conduct tests on (including by the taking of samples), any thing on the site that relates to the trial; and

                     (d)  take photographs, make video recordings or make sketches of the site or any thing on the site; and

                     (e)  inspect any book, record or document on the site that relates to the trial; and

                      (f)  request the principal investigator to:

                              (i)  answer any questions put by the authorised officer; and

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

             (2)  An authorised officer is not entitled to do a thing mentioned in subregulation (1) if:

                     (a)  the principal investigator, or any other person present at the site concerned and in apparent control, requests the authorised officer to produce his or her identity card for inspection; and

                     (b)  the authorised officer fails to comply with the request.

Note:          For identity cards, see section 52 of the Act.

             (3)  The principal investigator, or any other person present at the site and in apparent control, is entitled to observe a search conducted under paragraph (1)(b), but must not impede the search.

             (4)  Subregulation (3) does not prevent 2 or more areas of the site being searched at the same time.



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