Commonwealth Consolidated Acts

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THERAPEUTIC GOODS ACT 1989 - SECT 47

Searches and seizures related to offences and civil penalty provisions

             (1)  Subject to subsections (2) and (3), if an authorised person has reasonable grounds for suspecting that there may be evidential material in respect of an offence against this Act, in respect of a contravention of a civil penalty provision or in respect of both on any premises, the authorised person may:

                     (a)  enter the premises; and

                     (b)  exercise the powers set out in subsection (4), subsection 48(1) and section 48C; and

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

             (2)  The authorised person must not enter the premises unless:

                     (a)  the occupier of the premises has consented to the entry; or

                     (b)  the entry is made under a warrant issued under section 50.

             (3)  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.

             (4)  If:

                     (a)  in the course of searching, in accordance with a warrant, for a particular thing, an authorised person finds another thing that the authorised person believes on reasonable grounds to be evidential material in respect of an offence against this Act, in respect of a contravention of a civil penalty provision or in respect of both; and

                     (b)  the authorised person believes, on reasonable grounds, that it is necessary to seize that other thing in order to prevent its concealment, loss or destruction, or its use:

                              (i)  in committing, continuing or repeating an offence against this Act; or

                             (ii)  in committing, continuing or repeating a contravention of a civil penalty provision;

the warrant is taken to authorise the authorised person to seize that other thing.



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