Commonwealth Consolidated Acts

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THERAPEUTIC GOODS ACT 1989 - SECT 48

General powers of authorised persons in relation to premises

             (1)  The powers an authorised person may exercise under paragraphs 46(1)(b) and 47(1)(b) are as follows:

                     (a)  to search the premises and any thing on the premises;

                    (aa)  to examine or observe any activity conducted on the premises;

                     (b)  to inspect, examine, take measurements of, conduct tests on or take samples of any therapeutic goods on the premises or any thing on the premises that relates to any therapeutic goods;

                     (c)  to make any still or moving image or any recording of the premises or any thing on the premises;

                     (d)  if the authorised person was only authorised to enter the premises because the occupier of the premises consented to the entry--to require the occupier to:

                              (i)  answer any questions put by the authorised person; and

                             (ii)  produce any book, record or document requested by the authorised person;

                     (e)  if the authorised person was authorised to enter the premises by a warrant under section 49 or 50--to require any person in or on the premises to:

                              (i)  answer any questions put by the authorised person; and

                             (ii)  produce any book, record or document requested by the authorised person;

                      (f)  to inspect any book, record or document on the premises;

                     (g)  to take extracts from or make copies of any such book, record or document;

                     (h)  to take onto the premises such equipment and materials as the authorised person requires for the purpose of exercising powers in relation to the premises.

             (3)  A person must not refuse or fail to comply with a requirement under paragraph (1)(e).

Penalty:  30 penalty units.

          (3A)  Subsection (3) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (3A). See subsection 13.3(3) of the Criminal Code .

             (4)  It is a reasonable excuse for a person to refuse or fail to answer a question or produce a document if answering the question, or producing the document, would tend to incriminate the person.



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