Commonwealth Numbered Acts

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GENE TECHNOLOGY ACT 2000 - SECT 153

Monitoring powers
(1)
The monitoring powers that an inspector may exercise under paragraph 152(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 thing on the premises that relates to a GMO;

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

(d)
if the inspector was authorised to enter the premises by a warrant under section 172—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;
(e)
to inspect any book, record or document on the premises;

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

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

(h)
to secure a thing, until a warrant is obtained to seize it, being a thing:

(i)
that the inspector finds during the exercise of monitoring powers on the premises; and
(ii)
that the inspector believes on reasonable grounds is evidential material; and
(iii)
that the inspector believes on reasonable grounds would be lost, destroyed or tampered with before the warrant can be obtained.
(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 the Act or the regulations.

(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 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 for the purpose 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.


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