New South Wales Consolidated Acts

GENE TECHNOLOGY (GM CROP MORATORIUM) ACT 2003 - SECT 23

23 Powers of inspectors

(1) An inspector may at any reasonable time enter and inspect any premises for the purpose of ascertaining whether or not a provision of this Act, or any regulation made under this Act, is being or has been complied with or contravened.

(2) While on premises entered under this section or under the authority of a search warrant under this Part, an inspector may do one or more of the following--

(a) inspect anything that the inspector reasonably believes may provide evidence of an offence against this Act or the regulations,

(b) take, remove and keep for analysis or testing a sample of any plant, or anything the inspector reasonably believes to be a plant,

(c) inspect any records kept on those premises and require any person whom the inspector reasonably believes to have custody or control of those records to produce them for inspection,

(d) require any person on those premises to answer questions or otherwise furnish information in relation to a contravention of this Act or the regulations,

(e) make and take away copies of the whole or any part of any records or other information,

(f) take away and retain, for such period as may be reasonably necessary, any records or other information, or any part of them, in order to make copies of them,

(g) take away and retain any records or other information, if the inspector concerned reasonably believes that the records or information are evidence of an offence against this Act or the regulations, until proceedings for the offence have been disposed of,

(h) seize and detain anything that the inspector reasonably believes may provide evidence of an offence against this Act or the regulations,

(i) place anything seized as referred to in paragraph (h) in a container, or in a room, compartment or cabinet located on the premises where it was seized, and mark, fasten and seal that container or, as the case may be, the door or opening providing access to that room, compartment or cabinet,

(j) take such photographs, films, audio, video and other recordings as the inspector considers necessary.

(3) Anything seized under this section may, at the option of the inspector who made the seizure or another inspector acting in place of that inspector, be detained on the premises where it was found or be removed to other premises and detained there.

(4) Before taking away a record or statement or anything seized under this section, an inspector must tender an appropriate receipt to the person from whom it was taken.

(5) This section does not authorise an inspector to enter any part of premises that is being used for residential purposes except--

(a) with the consent of the occupier, or

(b) under the authority of a search warrant.

(6) An inspector must, when exercising on any premises any function of an inspector under this section, produce the inspector's certificate of authority if required to do so by the occupier of the premises.