Gene Technology (GM Crop Moratorium) Act 2003 No 12
Current version for 21 June 2011 to date (accessed 22 May 2013 at 15:57)
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.