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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