Victorian Current Acts

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ACCESS TO MEDICINAL CANNABIS ACT 2016 - SECT 82

Function and general powers of manufacturing inspector

    (1)     The function of a manufacturing inspector is to determine whether activities referred to in sections 20 and 21 are undertaken in compliance with—

        (a)     a manufacturing licence; and

        (b)     this Act; and

        (c)     the regulations.

    (2)     For the purposes of determining that compliance, a manufacturing inspector, with any assistance the inspector thinks necessary, may do any of the following things at any reasonable time—

        (a)     enter and inspect any place, other than premises used as a residence, occupied by a person who holds or held a manufacturing licence;

        (b)     inspect, count, examine or mark for identification any cannabis, cannabis material, intermediate cannabis products or medicinal cannabis products in the place;

        (c)     intercept, inspect and examine any vehicle or machine which a manufacturing inspector reasonably believes is being used in connection with the manufacture of cannabis;

        (d)     require a person to produce any document that the inspector reasonably requires for determining compliance as referred to in subsection (1);

        (e)     do any of the following things to a document produced under paragraph (d)—

              (i)     examine the document;

              (ii)     make copies of the document;

              (iii)     take extracts from the document;

              (iv)     seize the document for as long as is reasonably necessary to make copies or take extracts;

        (f)     take samples of cannabis or cannabis material to determine whether the cannabis or cannabis material is possessed in accordance with a manufacturing licence;

        (g)     take samples of intermediate cannabis products and medicinal cannabis products to determine whether the products are being manufactured or possessed in accordance with a manufacturing licence.

    (3)     A manufacturing inspector must not exercise any powers under this Act if the inspector fails to produce the identification certificate for inspection on request by—

        (a)     in the case of a power exercised in relation to a vehicle—

              (i)     the person in charge, or apparently in charge, of the vehicle; or

              (ii)     the occupier of the place where that vehicle is located; or

              (iii)     the person in charge or apparently in charge of that place; or

        (b)     in any other case—

              (i)     the occupier of the place at which the power is exercised; or

              (ii)     the person in charge, or apparently in charge, of that place.

    (4)     If a manufacturing inspector takes a sample under subsection (1)(f) or (g), the inspector must—

        (a)     divide the sample into 3 parts; and

        (b)     give one part to the person referred to in subsection (2)(a); and

        (c)     retain one part untouched; and

        (d)     submit one part for examination to a medicinal cannabis testing facility.

Division 2—Further powers and procedures for manufacturing inspectors



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