Commonwealth Consolidated Acts

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THERAPEUTIC GOODS ACT 1989 - SECT 46B

Searches and seizures on public health grounds

  (1)   Subject to subsection   (2), if an authorised person has reasonable grounds for suspecting that:

  (a)   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)   it is necessary in the interests of public health to exercise powers under this section in order to avoid an imminent risk of death, serious illness or serious injury;

the authorised person may, to the extent that it is reasonably necessary for the purpose of avoiding an imminent risk of death, serious illness or serious injury, enter the premises and do any of the following:

  (c)   search the premises for the thing;

  (d)   if the authorised person finds the thing on the premises--seize it.

  (2)   An authorised person is not entitled to exercise any powers under subsection   (1) in relation to premises if:

  (a)   the occupier of the premises has required the authorised person to produce his or her identity card for inspection by the occupier; and

  (b)   the authorised person fails to comply with the requirement.



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