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GENE TECHNOLOGY ACT 2000 - SECT 158
Powers available to inspectors for dealing with dangerous
situations - (1)
- This section applies if:
- (a)
- an inspector has reasonable grounds for suspecting that there may be on
any premises a particular thing in respect of which this Act or the
regulations have not been complied with; and
- (b)
- the inspector considers that it is necessary to exercise powers under this
section in order to avoid an imminent risk of death, serious illness, serious
injury, or to protect the environment.
- (2)
- The inspector may do any of the following:
- (a)
- enter the premises;
- (b)
- search the premises for the thing;
- (c)
- secure the thing, if the inspector finds it on the premises, until a
warrant is obtained to seize the thing;
- (d)
- if the inspector has reasonable grounds for suspecting that a person has
not complied with this Act or the regulations in respect of the
thingrequire the person to take such steps as the inspector considers
necessary for the person to comply with this Act or the regulations;
- (e)
- take such steps, or arrange for such steps to be taken, in relation to the
thing as the inspector considers appropriate.
- (3)
- The inspector may exercise the powers in subsection (2) only to the
extent that it is necessary for the purpose of avoiding an imminent risk of
death, serious illness, serious injury or serious damage to the environment.
- (4)
- If the Regulator incurs costs because of steps reasonably taken or
arranged to be taken by an inspector under paragraph (2)(e), the person
is liable to pay to the Commonwealth an amount equal to the costs, and the
amount may be recovered by the Commonwealth as a debt due to the Commonwealth
in a court of competent jurisdiction.
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